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HomeMy WebLinkAboutContracts & Agreements_205-2021AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the preparation of a development impact fee study for open space and parks, transportation improvements, storm drain facilities, water facilities, solid waste facilities, sewer facilities, and public facilities (fire, police, library, government facilities and capital equipment)("Agreement") is made and entered in this 2nd day of November, 2021 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and David Taussig and Associates, Inc dba DTA, a California corporation ("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 11 ARTICLE 1 — ENGAGEMENT OF CONSULTANT City hereby engages Consultant to prepare a development impact fee study for open space and parks, transportation improvements, storm drain facilities, water facilities, solid waste facilities, sewer facilities, and public facilities (fire, police, library, government facilities and capital equipment) 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 John R. Harris, Municipal Utilities and Engineering Department Director, 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 in accordance with the schedule set forth in Exhibit "B," titled "Project Schedule," which is 1 L:\ca\djm\Agreements\DTA Municipal Solutions Agreement.PS-1 1.FY21-0040.doc.jn attached hereto and incorporated herein by reference The Services shall commence within ten (10) days of the Effective Date of this Agreement. 4.2 Consultant shall complete the Services by June 30, 2022, unless the Services are terminated earlier as provided for herein. 4.3 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. ARTICLE 5 — PAYMENTS TO CONSULTANT 5 1 Total compensation for Consultant's performance of the Services shall not exceed the amount of Forty Nine Thousand Nine Hundred Eighty Dollars ($49,980) City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit "C," titled "Fee Schedule" 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. David Taussig, President David Taussig and Associates, Inc dba DTA 3390 University Avenue, Suite 200 Riverside, CA 92501 david@financedta.com Phone (800) 969-4382 Fax. (949) 480-0034 2 L:\ca\djm\Agreements\DTA Municipal Solutions Agreement.PS-1 1.FY21-0040.doc.jn 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 of the State of California. Consultant shall execute and provide City with Exhibit "D," 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 and appointed 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 3 L.\ca\djm\Agreements\DTA Municipal Solutions Agreement.PS-1 1.FY21-0040.doc.jn 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 perfottuance 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; (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 4 L.\ca\djm\Ag eements\DTA Municipal Solutions Agreement.PS-1 1.FY21-0040.doc.jn 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 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. 5 L:\ca\djm\Agreements\DTA Municipal Solutions Agreement.PS-I 1.FY21-0040.doc.jn 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 IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement CITY 0 Paul T Baric�i, Mayor ATTEST e Donaldson, City Clerk DAVID TAUSSIG AND ASSOCIATES, INC DBA DTA 6 L•\ca\djm\Agreements\DTA Municipal Solutions Agreement.PS-1 1 FY21 0040.doc.jn Taussig, vid Presid EXHIBIT "A" SCOPE OF SERVICES The following Scope of Work details the tasks that the Consultant shall complete with respect to preparing and completing the Development Impact Fee ("DIF") Study This scope of work shall be completed within the schedule period listed in Exhibit "B" Task 1— Evaluate Current DIF Program The Consultant shall review the 2014 DIF study and all related resource documents and data provided by the City The Consultant shall also review San Bernardino County Transportation Authority (SBCTA) improvements and growth projections and consult with the City Development Services Department to ensure growth is consistent with the City General Plan and projections. The Consultant shall include this information when developing the DIF study Task 2 — Development of Project Strategy and Kickoff Meeting The Consultant shall meet with City staff in a project kickoff meeting to finalize the details of the project, deliverables, timetables, and tasks, discuss the fee methodologies and best practices, identify needed information (i.e., reports, project/needs lists, stakeholder groups, data, etc ), prepare the final schedule, discuss the public process, and resolve other concerns, as appropriate Task 3 — Develop Population and Dwelling Unit Projections The Consultant shall compile and document existing and future population and development estimates for the City The projections resulting from this task shall ultimately calculate fee levels At this stage, the Consultant shall evaluate City resources and influences, all factors affecting the existing Fee Study, and pertinent impact fees as outlined by the City [specifically open space and parks, transportation improvements, storm drain facilities, water facilities, solid waste facilities, sewer facilities, and public facilities fees (fire, police, library, government facilities, and capital equipment)] This task comprises four subtasks • Subtask 3A — Population Projections The Consultant shall gather existing information on present and future population projections for the City from various sources, including City staff, the General Plan, existing Master Plans, the U S Census, the SBCTA, the State Department of Finance, and from other data sources, including the City's CIP • Subtask 3B — Conduct Entitlement Research and Projections The Consultant shall coordinate with the City to determine existing and future residential and non-residential development within the City over the planning horizon (5 years, or otherwise) To complete this subtask, the Consultant shall review the General Plan/CIP 7 L:\ca\djm\Agreements\DTA Municipal Solutions Agreement.PS-1 1.FY21-0040.doc.jn and related plans to determine expected development land use patterns in the City, assess City records to identify existing entitlements for dwelling units and commercial/industrial development, and project the number of new dwelling units and commercial/industrial development based on existing entitlements and population projections through the requested target year, as selected by City staff. • Subtask 3C — Review Current City Fee Structure The Consultant shall review and summarize the City's current development fee structures, City policies and procedures, and other regulatory requirements affecting potential fee structures and revenue program requirements. • Subtask 3D — Review Prior City Fee Justification Studies The Consultant shall review the approach and methodology utilized in prior City fee justification studies so they can be evaluated in light of the City's current needs. Task 4 — Review Facility/Capital Needs and Levels of Service This task entails the review of the facilities and capital needs required to serve new development in the study area projected in Task 3 The Consultant shall use existing City materials (and any relevant Developer's Facilities Reports) as base documents and focus our effort on updating this information. For any fee program to be comprehensive in its scope, it is necessary to complete a thorough identification and review of all the facilities that will be impacted by additional growth, including those already discussed in the General Plan or CIP This task shall require close coordination with all appropriate City departments • Subtask 4A — Survey/Interview City Staff The Consultant shall survey/interview City staff to review projected facilities in the City, along with major equipment needs, the timing at which improvements will be needed, and any physical data that would assist in developing the costs estimated below in Subtask 4C Based upon the results of the surveys and interviews, the Consultant shall verify and, if appropriate, expand the list of new facilities found in the General Plan/CIP to be included within the fee program for the City • Subtask 4B — Facilities List Based on the information collected in Subtask 4A, the Consultant shall prepare a facilities "needs list" that details the new facilities and equipment to serve new development in the City • Subtask 4C — Review Cost Estimates The Consultant's engineering and technical staff shall, as necessary, consult with City department heads and/or engineering staff or equivalent to ascertain and understand in- house cost data for existing and projected facilities and equipment, apply inflation and cost -of -living escalators to the list of projected public facilities to determine future costs, review and/or refine existing cost data, examine major sources of revenue to fund the 8 L:\ca\djm\Agreements\DTA Municipal Solutions Agreement.PS-1 1.FY21-0040.doc.jn construction of new public facilities, and provide a proportional estimate between projected costs for new facilities and estimated revenue from mitigation fees and other sources Where appropriate, the Consultant shall consider debt service in establishing the cost of facilities. Deliverable: Facilities "Needs List" Task 5 — Develop Methodology for Calculating New Fee Amounts This task entails developing the methodology used to establish the fee amount for each fee component to the extent appropriate. There are two critical issues that must be considered in developing a fee program. The fee program must generate revenues in a timely manner and the methodology must meet the nexus or benefit requirements of Assembly Bill ("AB") 1600 Since fees of any sort are controversial, it is critical that any fee established be legally defensible. The Consultant's Fee Study methodology must meet the nexus or benefit requirements of AB 1600, which requires that there be a nexus between the fees imposed, use of the fees, and development projects on which the fees are imposed. Furthermore, there must be a relationship between the amount of the fee and cost of the improvements In order to impose a fee as a condition for a development project, the methodology must accomplish the following: • Identify the purpose of the fee; • Ascertain the use to which the fee is to be put; if the use is financing public facilities, the facilities must be identified, • Determine how there is a reasonable relationship between the fee's use and type of development project on which the fee is imposed, and • Identify how there is a reasonable relationship between the need for the public facility and type of development project on which the fee is being imposed. Implicit in these requirements is a stipulation that a public agency cannot impose a fee to cure existing deficiencies in public facilities or improve public facilities beyond what is required based on the specific impacts of new development. The benefit methodology established in this task shall be documented in the Final Report. The Consultant shall prepare a memo to be submitted to City staff summarizing available methodologies and their respective pros and cons and providing detailed examples of other cities', counties', or agencies' impact fee programs. Methodologies to review shall include programs based on auto vehicle trips, all mode trips (e g., auto, transit, bike, and walk), square footages, household units, etc The memo shall also discuss, as applicable, context -sensitive and transportation demand management adjustments and "credits" for capital improvements required as part of a project application. The Consultant shall recommend a Fee Expenditure Plan to ensure that projects can be fully funded and implemented within any required time limits for expenditures of such funds and possible flexibility to allow collected fees to be used to provide the City with a match for grant applications Finally, the memo shall include recommendations for methodology and next steps. Upon review and discussion by City staff, a methodology shall be selected. 9 L:\ca\djm\Agreements\DTA Municipal Solutions Agreement.PS-1.1.FY21-0040.doc.jn Deliverable. Memo Summarizing the Fee Methodology Options Task 6 — Determine Fee Levels This task entails calculating the fee amounts based upon the dwelling unit and commercial/industrial development projections completed in Task 3, facilities needs and costs determined in Task 4, and methodology selected in Task 5 • Subtask 6A — Calculate Recommended Fee Amounts The Consultant shall calculate fees for the City by inputting the data compiled under the preceding tasks and computing each fee to be levied. This work shall be done in a spreadsheet format that can be updated annually The Consultant shall also evaluate this data in comparison to ten (10) surrounding communities, as requested by the City, in order to arrive at comparable and acceptable fee levels. • Subtask 6B — Document Fee Derivation The Consultant shall document the methodology utilized for the fee calculation model in such a way that can be understood by the City and public. The Consultant shall prepare written statements documenting the validity of the methodology for deriving each of the fees for the City These statements shall be made to meet the requirements of AB 1600 and documented in the Final Report discussed below Deliverable. List of Proposed Impact Fees for Single -Family Detached, Single -Family Attached, Multi -Family, and Non -Residential Land Use Categories. Task 7 — Prepare Draft and Final Reports This task entails the preparation of the Draft and Final Reports for consideration by the City Council and City staff. • Subtask 7A — Prepare Draft Report for Comments Based on the work completed in Tasks 1-6, the Consultant shall prepare the Draft Report for review and consideration by City staff. The Draft Report shall be prepared under the standards of AB 1600 and is expected to include an executive summary, population projections, the facilities and improvements list, areas of benefit (if applicable), fee calculations, recommended fee levels, and the suggested process for keeping fees current. • Subtask 7B — Prepare Final Report Based on the incorporation of City staff comments and concerns on the Draft Report, the Consultant shall prepare the Final Report for presentation to the City Council and City staff One hard copy of the Final DIF report shall be submitted to the City Deliverables Draft and Final Reports 10 L:\ca\djm\Agreements\DTA Municipal Solutions Agreement.PS-1.1.FY21-0040.doc jn If Consultant's Services include electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the salve. It shall be the obligation of Consultant to obtain a copy of such policy from City Staff. Task 8 — Project Management The Consultant shall manage and coordinate all components of the DIF study and take a proactive role in keeping all tasks on schedule and on budget and ensure timely completion of the DIF study update. The Consultant shall give prior notice to the City, and obtain acceptance from same, before performing work outside the contract work scope and thereby contract budget amount. This task entails attendance at a total of thirteen (13) meetings/workshops, including the kickoff meeting, as detailed below• • Kickoff meeting with City staff to define project goals and objectives, outline the project and management approach, identify roles and responsibilities, and confirm the scope and schedule, • A minimum of six (6) working site visits with staff; • A minimum of two (2) meetings with the public and developers, • A minimum of one (1) meeting with the Building Industry Association ("BIA"), • One (1) presentation to the Municipal Utilities and Public Works Commission at which the Consultant shall present the Final Report for recommendation to the City Council for adoption, and • One (1) work session and one (1) formal City Council meeting presentation. During these meetings, the Consultant shall take into account community and stakeholder input. For this purpose, the Consultant shall develop handouts for these meetings that summarize the findings and analysis from the Public Review Draft. The Consultant shall also prepare and distribute updated information, as necessary, to facilitate discussion in Focus Group Meetings in which the Consultant is unable to attend. In -person attendance at any meetings shall depend on State guidelines and guidance from the Centers for Disease Control and Prevention ("CDC") Where possible, the Consultant shall conduct more than one in -person meeting with City staff, stakeholders, the BIA, the Municipal Utilities and Public Works Commission, and/or other interested parties per meeting day 11 L:\ca\djm\Agreements\DTA Municipal Solutions Agreement.PS-1 1.FY21-0040.docjn EXHIBIT "B" PROJECT SCHEDULE Iask No. _ Description :-valuate DIF Program Nov. Dee Jan. Feb. Mar Apr May Jun.- :�c-vel•otimdent c.f Project Strategy .,nd Ai..kc•ff Meeting :-velop Copulation and ::,mographic Projections identify Facility/Capital Needs And Levels of Service - # Develop Methodoi gy for Calculating Mew Fee Amounts Determine Fee Levels and Condu. t - !,,using Affordability Ana]; • ,reare Draft and Finat F•=r Project Management on,3 rn:: - •,.r,m ni,ation, Educat-on, u,d Outreach of Project 12 L \ca\djm\Agreements\DTA Municipal Solutions Agreement.PS 1 1 FY21 0040.doc.jn EXHIBIT "C" FEE SCHEDULE Description Title Hourly Rate Est_ Hours dal Cost Task ##1 Evaluate Current D1F Program President/MD 5285 2 $570 Vice President 5240 6 $1,440 Senior Associate S185 3 5555 Task l 11 $2 565 Task ##2 Development of Project Strategy and Kickoff Meeting President/MD S285 3 5855 Vice President $240 3 $720 Sensor Associate 5185 0 S0 Task 2 6 $1,575 Task #3 Develop Population and Demographic Projections President/MD 5285 f 2 5570 Vice President $240 2 $480 Senior Associate S185 8 S1.480 Task 3 12 $2 530 Task #4 Identify Facility/Capital Needs and Levels of Service President/MD 5285 $240 4 $1.140 Vice President 24 55.760 Senior Associate 5185 12 S2.220 Task 4 40 $9.120 Task #5 Develop Methodology for Calculating New Fee Amounts 1 President/MD 5285 4 $1,140 Vice • President 5240 4 5960 Senior Associate S185 8 $1,480 Task 5 16 $3.580 Task #6 Determine Fee Levels President/MD $285 4 4 51140 Vice President $240 5960 Senior Associate $185 8 $1,480 Task 6 16 $3.580 Task #7 Prepare Draft and Final Reports President/MD $285 8 $2,280 e Vice President $240 12 $2.880 Senior Associate $185 32 55,920 Task 7 52 S11,080 Task ##S Project Management PresidentIMD 5285 24 56,840 Vice President $240 24 55 760 Senior Associate 5185 10 $1.850 Task 8 58 S14,450 Total Not to Exceed President/TAD $285 51 $14 535 Vice President $240 79 S18,960 $14.985 Senior Associate 1 5185 81 Subtotal 1 - 211 $48,480 Cut -of -Pocket Expenses 51.500 Total $49,980 13 L \ca\djm\Agreements\DTA Municipal Solutions Agreement.PS-1 1.FY21 0040.doc.jn EXHIBIT "D" 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. DAVID TAUSSIG AND ASSOCIATES, INC DBA DTA Byyj�t.��'.� Date %��-�3��� David Taussig, Presi 14 L:\ca\djm\Agreements\DTA Municipal Solutions Agreement.PS-1 1.FY21-0040.doc.jn