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HomeMy WebLinkAboutContracts & Agreements_14-2022AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of professional software licensing and consulting services ("Agreement") is made and entered in this 1st day of February, 2022 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and LiftOff, LLC, a Maryland 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 Microsoft Office 365 licensing and consulting 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 Danielle Garcia, Management Services/Finance 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 attached hereto and incorporated herein by reference. 4.2 The term of this Agreement shall be for a period of one (1) year from the Effective Date of this Agreement (the "Initial Term") The City shall have the option to extend the Initial Term of this Agreement by four (4) additional one-year terms (each, an "Extended Term"), on the same terms and conditions, by providing written notice to Consultant at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term 1 L:\ca\djm\Agreements\LiftOffAgreement.PS-1 1.FY21-0066.docx.jn 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 The total annual compensation for Consultant's performance of the Services shall be in the amount of one hundred sixty thousand dollars ($160,000) during the Initial Term, with four additional one-year extension options ("Extended Terms") of one hundred thirty thousand dollars ($130,000) bringing the total compensation during the Initial Term and four (4) Extension Terms to an amount of six hundred eighty thousand dollars ($680,000) 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 2 CONSULTANT. Ronald Braatz, President LiftOff, LLC 1667 Patrice Circle Crofton, MD 21114 rbraatz@Liftoff, LLConllne com Phone (410)419-1591 L:\ca\djm\Agreements\LiftoffAgreement.PS-1 1.FY21-0066.docx.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 Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made D Business Auto Liabihty coverage, with minimum hmits 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 E 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 3 L:\ca\djm\Agreements\LiftOffAgreement.PS-1 1.FY21-0066.docx.jn 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; (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 4 L:\ca\djm\Agreements\LiftOffAgreement.PS-1.1.FY21-0066.docx jn 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 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 5 L:\ca\djm\Agreements\LiftOffAgreement.PS-1 1.FY21-0066.docx jn litigated only m 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 herem, 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 m confirmation of this Agreement Paul T Banch, Mayor ATTEST. Donaldson, City Clerk 6 LIFTOFF, LLC Y Ronald Braatz, President L\ca\djm\Agreements\LiftOffAgreement.PS 1 1.FY21 0066.docx.n EXHIBIT "A" SCOPE OF SERVICES LIFTOFF, LLC will provide Office 365 Guided Deployment Services (GDS) focused on the migration to the Microsoft Office 365 solution. The GDS consulting is delivered using a "Coach/Mentor" approach in which your IT team will be heavily involved throughout the entire process and will work directly with the LiftOff, LLC consultants. Together, we will work through a series of webinar appointments (typically 1-2 hours each) as we work through project milestones to deploy the system efficiently and successfully We have found this approach of keeping your IT team invested in the project to be an extremely effective training mechanism, once the project is complete, your IT staff is fully capable of managing and maintaining the system in the future. LiftOff, LLC's expertise is laser focused on the Office 365 systems. If you require integration with other third -party applications, you will be responsible for working with your other vendors to remedy issues For example, phone systems, firewalls, fax systems, anti-spam, anti- virus, archiving, custom code environments, and accounting systems can integrate with Office 365 We will do our best to facilitate, but these integrations will likely require that product vendor The Office 365 solution is quicldy evolving, and the product roadmap changes frequently It is important to understand that some features may be enhanced or modified during the project. The Microsoft TechNet articles are the best source of information today Specifically, LiftOff, LLC's GDS work will. 1.1. Consist of an Office 365 Assessment Workshop where we will complete an analysis of the current email environment and ensure that requirements are captured, core functionality is reviewed, and details for the migration are discussed and reviewed. This planning session will be conducted via phone and typically takes about two hours to complete Afterwards, we will map on the remainder of the project plan. 1.2. Consist of Setup and Pre -Staging in the Office 365 Admin Console where we will access your portal together and begin the initial configuration the new Office 365 tenant. This will include 1.2 1 Adding and verifying your email domains in Office 365 to show ownership 1.2.2. Ensure that the on -premises Active Directory is organized properly for Azure AD Connect/Directory Sync (required for a hybrid migration) 1.2.3 Install and configure Azure AD Connect to synchronize all mail -enabled objects (users, contacts, and groups) from on -premises Active Directory to Office 365/Azure. Typically, a new on -premises server will be required for this purpose. 7 L:\ca\djm\Agreements\LiftOffAgreement.PS-1 1.FY21-0066.docx.jn NOTE This does NOT include the setup, configuration, or support of ADFS or other third -party authentication systems. 1.2.4 Configure and test single sign -on with Azure AD Connect. A group policy will be required for this feature. 1.2 5 Install, configure, and test secure SMTP Relay going through Office 365 1.3 This is an Exchange to Office 365 migration, and we intend to perform TWO DIFFERENT Microsoft HYBRID migrations. We will complete the first hybrid migration, and then repeat the entire process (minus Admin training) for the second phase of the project. This utilizes the built-in migration tools included with Office 365 at no additional cost. There are many advantages of using the hybrid migration path and we will make every attempt to make this work. In the extremely rare event that the hybrid (Microsoft) wizard cannot be used for email or Public Folders, we will switch to a third - party migration tool (MigrationWiz) Client is responsible for the cost of the migration tool. Migration Configuration will include the following: 1 3 1 Assess the on -premises Exchange environment and adjust the configuration, as needed, to optimize the hybrid process The source Exchange server MUST be fully accessible and fully updated for this to work. 1 3.2 Install and configure the Hybrid Configuration Wizard to establish the connection between the on -premises systems and Exchange Online for both mailbox migrations and mtra-organizational mail flow 1.3.3 Migrate the initial batch of users. This is normally one or more IT users who understand the process and potential troubleshooting that may be required post migration. 1.3 4 Provide documentation for end users regarding "What to Expect" and also Mobile Device configuration for the point of cutover NOTE In nearly every migration, all mobile devices (phones and tablets) will need to have their mail profile reconfigured following the mailbox cutover 1 3.5 Define a migration strategy for the remaining users and assist with any migration complications that may arise. 1.3 6 Migrate public folders from on -premises to Exchange Online 1.3 7 Once all data is migrated, work with the Client to decommission the hybrid configuration and, if applicable, remove the on -premises Exchange server(s) 1.4. Office 365 IT Admin Training & Tenant Configuration. These training and configuration settings will span 6-10 sessions. 1 4 1 Office 365 Admin Center 1 4 1 1.Review the proper On -boarding process for new users. 1 4 1.2.Review the proper Off -boarding process for former users while maintaining compliance (if needed) 1 4 1 3.Promoting and demoting users with administrative abilities in Office 365 1 4 1 4.Reviewing the Office 365 Message Center (for upcoming changes) and Health Dashboard (for potential problems) 1 4.2 Exchange Admin Center 8 L:\ca\djm\Agreements\LiftoffAgreement.PS-1 1.FY21-0066.docx.jn 1 4.2 1.Review management of email related attributes such as mailbox sharing, quotas, online archives, etc 1 4.2.2.Review proper group creation process in the cloud. 1 4.2.3 Setup mail flow rules including inbound message warnings, outbound message disclaimers and Office Message Encryption (if applicable) 1 4.2 4 Setup mobile device rules and policies and review mobile device remote wipe. 1 4.3 Exchange Online PowerShell 1 4 3 1 Setup mailbox activity auditing. 1 4 3.2 Setup unlimited auto -expanding online archive (if applicable) 1 4 3.3.Review resource mailbox management. 1 4 3 4.Disable Microsoft 365 Group creation and review proper methods for creating these groups. 1 4 4 Microsoft Teams Admin Center 1 4 4 1.Review best practices for creating & managing Teams. 1 4 4.2 Configure optimized Teams settings for all users, groups, and Teams themselves. 1 4.5 SharePoint Admin Center 1 4 5 1 Configure best practices for sharing of files and folders in SharePoint, Teams and OneDrive 1 4 5.2 Configure Sync settings for the organization. 1 4.5 3 Configure default OneDrive size 1 4 6 Review Teams, OneDrive, Office Online & SharePoint 1 4 6 1.Review the Teams app and website 1 4 6.2.Review OneDrive & SharePoint Online and best practices for ingesting files 1 4 6.3.Review the OneDrive Sync Client and best practices for using it. 1.5. Review Office Online and best options for using Office apps in a browser Securing Your Office 365 & Azure Organization. We will work with your IT staff to ensure that all security and compliance best practices are in place by the conclusion of the project. 1 5 1 Security Admin Center 1 5 1 1 Configure appropriate anti-spam, anti-malware, and anti-phishing settings 1 5 1.2.Configure outgoing message management including protection of unwanted external forwarding. 1 5 1.3 Configure DKIM, DMARC and SPF 1 5 1 4.Review Secure Score 1 5.2 Compliance Admin Center 1 5.2.1 Configure online compliance retention policies (if applicable) 1 5.2.2.Review eDiscovery/Content Search process. 1 5.2.3.Review the Audit Log and enable Auditing for (non -mailbox) activity in Office 365 1 5.3 Azure Active Directory Security & Multi -Factor Authentication 1.5 3 1.Review Risky Sign -ins, Risky Users and Risk Detections 1 5.3.2 Configure Risk Event Notifications for Admins 9 L:\ca\djm\Agreements\LiftOffAgreement.PS-1 1.FY21-0066.docx jn 1.5.3 3 Configure Conditional Access Policies to prevent non -US login (if applicable), require MFA for Admins (or All Users, if applicable) and block Legacy Authentication. 1 5 3 4.Review Sign -In Logs. 1 5.3 5 Optimize MFA Settings for the organization. 1.5 4 Review best practices for rolling out MFA (if applicable) 1 5.5 This project will NOT include Microsoft's Endpoint Management or Intune Products. 1.6. Workstation Configuration. LiftOff, LLC will offer guidance and tools for the workstation configuration. 1 6 1 LiftOff, LLC will work with the IT staff to setup an Office Deployment point on the network either as a network share using Microsoft's Office Deployment Tool or, if available, via System Center Configuration Manager (SCCM). 1 6.2 Review proper configuration of the Outlook desktop client at the point of mailbox cutover Cached Mode in desktop Outlook is required for Office 365 connectivity NOTE Although LiftOff, LLC will provide guidance regarding workstation configuration and assist with troubleshooting, LiftOff, LLC will NOT be directly responsible for the configuration of the workstations Your IT staff is onsite and will complete this configuration. 1 7 Post Mailbox Migration. LiftOff, LLC will work with your IT staff to determine the best solution for decommissioning the Exchange hybrid pieces 1 7 1 If applicable, work with the Client to remove the hybrid connection pieces and shutoff/remove the Exchange systems from the on -premises environment. 1 7.2 Alternatively, if desired, LiftOff, LLC can assist your organization with retaining an Exchange management server NOTE This is extremely uncommon and requires continuous administration, updating and upgrading to avoid known security issues with on -premises Exchange. 1 7 3 Update DNS settings facing the Internet and on -premises in Active Directory, as needed, to point all mailbox connectivity and mail flow (if needed) to Office 365/Exchange Online. 1.8. Additional Microsoft Products. This project does not include Microsoft products that aren't listed in this Statement of Work. For example, this project will not include ADFS, SharePoint website design, PowerBl, Microsoft Flow, Microsoft Project, or add-ons for Teams, Outlook, or Microsoft Office. Although LiftOff, LLC may be able to assist with various questions related to products not mentioned in this Statement of Work, your best source of assistance would be directly through Microsoft's support. 2. Investment & Payment Structure 10 L:\ca\djm\Agreements\LiftOffAgreement.PS-1 1.FY21-0066.docx.jn 2.1. The cost of the services outlined in Section 1 above is $30,000. This is the client cost and has already factored in any incentives or promotions. The discounted consulting price requires the Client to purchase AOS-G annual licensing through LIFTOFF, LLC for a period of three years. The AOS-G licensing includes a "price -lock" protection for three years. This pricing is valid for 30 days past the date identified in section 3 1 Invoicing is done after the Assessment Process (1 1) and terms are Net 30 2.2. The client acknowledges that the Office 365 Microsoft Partner, LiftOff, LLC LLC, may receive payments from Microsoft as a result of the consulting done with LIFTOFF, LLC 2.3. Migration Wiz Premium multi -pass licenses may be recommended for the project. If Client agrees to use Migration Wiz, Client will be responsible for purchasing licenses for all users. Migration Wiz licenses are typically $15 per mailbox. All migration licenses are purchased directly through LIFTOFF, LLC 11 L:\ca\djm\Agreements\LiftOffAgreement.PS-1 1.FY21-0066.docx.jn EXHIBIT "B" PROJECT SCHEDULE Task Duration Kickoff / Assessment 1 Day Setup new government tenant, add domains, setup Azure AD Connect and setup the hybrid connector 2 Days Setup Office Deployment Tool & SMTP Relay Solution 1 Day IT Admin Training & Configuration Office Admin Center & Exchange Admin Center 1 Day Office Admin Center & Exchange Admin Center 1 Day Office 365 PowerShell 1 Day Office 365 Security & Compliance 1 Day Teams, SharePoint, OneDrive and Office Online 2 Days MFA & Azure AD Premium Security 1 Day Migrate IT Mailbox(es) 1 Day Migrate The Rest Of The Mailboxes 2 Days Migrate Public Folders to 365 1 Day Hybrid wrap-up 1 Day Change Autodiscover to point to 0365 1 Day Remove on -premises Autodiscover Internal URI (SCP) Change Mail Flow To Exchange Online Review/Setup DMARC, DKIM and SPF Finalize The Migration & Remove Exchange On -Premises 12 L:\ca\djm\Agreements\LiftOffAgreement.PS-1 1.FY21-0066.docx.jn EXHIBIT "C" FEE SCHEDULE G SKU Item Name Part Number Term in Months Price / User / Month Licenses Cost / Year LiftOff, LLC Professional Services One Time Fee - Initial Year $30,000 Office 365 Plan G3 AAA-11894 12 $20 00 420 $100,800.00 Exchange Online Plan 2 3NS-00003 12 $8.00 164 $15,744 00 Defender Plan 1 GCC 3GU-00001 12 $2.00 552 $13,248.00 Azure AD Premium 2 M QN- 00001 12 $8.50 2 $204.00 First Year Total Years 2-5 Total $159,996.00 $129,996.00 This Fee Schedule is an illustration of potential annual Microsoft Office 365 Licensing Costs The numbers will fluctuate as City staffing levels increase or decrease, but will likely be much lower annually 13 L:\ca\djm\Agreements\LiftOffAgreement.PS-1 1.FY21-0066.docx.jn EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation m one or more of the following ways (a) By bemg insured against liability to pay compensation by one or more insurers duly authorized to write compensation msurance in this State (b) By securing from the Director of Industrial Relations, a certificate of consent to self-msure, either as an individual employer, or as one employer m a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-msure 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-msurance m 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 Cahforma 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 LIFTOFF, LLC By Ronald Braatz, President 14 Date /- 26' 47 Z L.\ca\djm\Agreements\LiftoffAgreement.PS 1 1.FY2I 0066.docx.jn