HomeMy WebLinkAboutContracts & Agreements_51-2023AGREEMENT FOR CONSULTING SERVICES
This Agreement for Consulting Services ("Agreement") is made and entered into this loth
day of March of 2023, ("Effective Date") by and between the City of Redlands, a municipal
corporation and general law city ("City") and David Taussig and Associates, Inc. d/b/a DTA
("DTA"), a California corporation. City and DTA are sometimes individually referred to herein
as a "Party" and, together, as the "Parties." City and DTA, in consideration of the mutual promises
and conditions herein contained, agree as follows.
ARTICLE I
SERVICES TO BE PERFORMED BY DTA
Section 1.1 DTA shall perform professional consulting services for the City for its
Mello -Roos Community Facilities District ("CFD") No. 2003-1 in accordance with the applicable
professional standard of care, and to deliver the associated work products to City as described in
the Scope of Work statement attached hereto as Exhibit "A" and incorporated herein by this
reference (the "Consulting Services").
Section 1.2 DTA shall determine the method, details, and means of performing the
Consulting Services. DTA may, at DTA's own expense, employ such assistance as it deems
necessary to perform the Consulting Services required by City subject to section 4.3 hereof. DTA
shall conduct research and arrive at conclusions with respect to its rendition of information, advice,
recommendation or counsel independent of the control and direction of City.
Section 1.3 All computer software (including without limitation financial models,
compilations of formulas and spreadsheet models), inventions, designs, programs, improvements,
processes and methods (collectively, the "Proprietary Models"), reports, drawings, specifications,
computer files, field data, notes and other documents and instruments prepared by DTA in
performing its work is proprietary and shall remain the property of DTA. DTA shall likewise retain
all common law, statutory and other reserved rights, including the copyright thereto.
Section 1.4 City acknowledges and agrees that the consideration paid by City herein
only entitles City to a license to use the hard copy or electronically transmitted reports generated
pursuant to the Consulting Services and that any Proprietary Model that DTA uses to generate
such reports is owned by, or is duly licensed from a third party to, DTA and is not being provided
to City hereunder. City shall not reuse or make any modification to the hard copy or electronically
transmitted reports generated pursuant to the Consulting Services without the prior written
authorization of the DTA. City agrees, to the fullest extent permitted by law, to indemnify and
hold harmless DTA, its shareholders, officers, directors, employees and sub -consultants (for
purposes of this section 1.4, collectively, "DTA") against any damages, liabilities or costs,
including reasonable attorneys' fees and defense costs, arising from or allegedly arising from or in
any way connected with the unauthorized use, reuse or modification of the hard copy or
electronically transmitted reports generated pursuant to the Consulting Services, including models,
by City or any person or entity that acquires or obtains the reports from or through City without
the written authorization of DTA.
Section 1.5 City acknowledges that DTA may have used reports and analyses that DTA
authored for other cities as base works or templates for the reports and analyses prepared for City,
and City acknowledges and agrees that DTA has the right to use the reports and analyses that it
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authors pursuant to this Agreement as base works or templates for reports and analyses that DTA
authors for DTA's other cities; provided, however, that DTA shall not use any confidential
information provided by City in such future reports and analyses. City acknowledges and agrees
that DTA has spent substantial time and effort in collecting and compiling data and information
relating to special taxes (the "Data Compilations") in connection with the Consulting Services and
that such Data Compilations may be used by DTA for its own purposes, including, without
limitation, sale or distribution to third parties; provided, however, that DTA will not sell or
distribute any of City's confidential information that may be contained in such Data Compilations,
unless such confidential information is used only on an aggregated and anonymous basis.
Section 1.6 Any proposed changes in the Consulting Services hereunder shall be
submitted to the other Party, and any such changes agreed to by the Parties shall be reflected in an
amendment to Exhibit "A" in accordance with Section 7.2 hereto.
Section 1.7 Nothing in this Agreement shall give DTA possession of authority with
respect to any City decision beyond the rendition of information, advice, recommendation, or
counsel.
ARTICLE II
DISCLOSURES AND TERM OF CONTRACT
Section 2.1 As of the Effective Date of this Agreement, there are no actual or potential
conflicts of interest that DTA is aware of that might impair its ability to render unbiased and
competent advice or to fulfill its fiduciary duty. If DTA becomes aware of any potential conflict
of interest that arises after this disclosure, DTA will disclose the salve in writing to City in a timely
manner.
Section 2.2 DTA, a Securities and Exchange Commission ("SEC") and MSRB
registered firm, does not have any legal events and disciplinary history on its Form MA and Form
MA -I, which includes information about any criminal actions, regulatory actions, investigations,
terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations and civil
litigation. City may electronically access DTA's most recent Form MA and each most recent Form
MA -I filed with the Commission at the following website:
https://www.sec.gov/edgar/searchedgar/companysearch.html
Section 2.3 The term of this Agreement shall commence on its Effective Date and will
continue until the earlier of (i) that day when the Consulting Services provided for herein have
been performed to the reasonable satisfaction of City or (ii) until terminated as provided in Article
6 below.
ARTICLE III
COMPENSATION
Section 3.1 City shall pay DTA a professional fee computed according to the
Professional Fee Schedule attached as Exhibit "B" hereto and incorporated herein by reference
("Fee Schedule").
Section 3.2 City shall reimburse DTA for DTA's out-of-pocket expenses and
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administrative expenses at cost. Expenses shall include all actual expenditures made by DTA in
the performance of any Consulting Services including, without limitation, the following
expenditures:
(a) Cost of clerical assistance, including typing, collation, printing and copying, plus
copier and photography costs, including photographic reproduction of drawings
and documents.
(b) Transportation costs, including mileage for the use of personal automobiles at the
prevailing IRS standard rate, rental vehicles, lodging and regularly scheduled
commercial airline ticket costs.
(c) Courier services, facsimile, and telephone expenses.
Section 3.3 On or about the first two weeks of each month during which the Consulting
Services are rendered, DTA shall present to City an invoice covering the current Consulting
Services performed and the reimbursable expenses incurred pursuant to this Agreement. Such
invoices shall be paid by City within thirty (30) days of the date of each invoice.
Section 3.4 The maximum total fee amount set forth in Exhibit "B" may be increased
as a result of any expansion of the Consulting Services to be rendered as provided in Exhibit "A"
as reflected in an amendment pursuant to Section 7.2
Section 3.5 Records of DTA's costs relating to (i) Consulting Services performed under
this Agreement and (ii) reimbursable expenses shall be kept and be available to City or to City's
authorized representative at reasonable intervals during normal business hours.
ARTICLE IV
OTHER OBLIGATIONS OF DTA
Section 4.1 DTA shall perform the Consulting Services in accordance with Exhibit "A,"
and the applicable standard of care. Should any errors caused by DTA's negligence be found in
such services or products, DTA will correct them at no additional charge by revising the work
products called for in Exhibit "A" to eliminate the errors.
Section 4.2 DTA will supply all tools and instrumentalities required to perform the
Consulting Services under this Agreement.
Section 4.3 Neither this Agreement nor any duties or obligations under this Agreement
may be assigned by DTA without the prior written consent of City. However, DTA may
subcontract portions of the Consulting Services to be perforled hereunder to other persons or
concerns provided DTA notifies City in writing of the name and address of said proposed
subcontractor, and City consents in writing with respect to the use of any particular proposed
subcontractor.
Section 4.4 In the performance of the Consulting Service, DTA is, and shall be deemed
to be for all purposes, an independent contractor (and not an agent, officer, employee or
representative of City) under any and all laws, whether existing or future. DTA is not authorized
to make any representation, contract or commitment on behalf of City.
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Section 4.5 Neither this Agreement, any duties or obligations under this Agreement, nor
the intentions or expectations of City will cause DTA to be a "public official" as that term is used
in Section 87100 of Title 9 of the California Government Code. City and DTA agree that DTA is
not a "public official" or "participating in governmental decision" as those terms are used in
Section 87100. City and DTA also agree that no actions and opinions necessary for the
performance of duties under the Contract will cause DTA to be a "public official" or "participating
in a governmental decision" as those terms are used in Section 87100.
ARTICLE V
OTHER OBLIGATIONS OF CITY
Section 5.1 City shall provide full information in a timely manner regarding
requirements for and limitations regarding the Consulting Services. City agrees to comply with all
reasonable requests of DTA and provide access to all documents reasonably necessary to the
performance of DTA's duties under this Agreement with the exception of those documents which
Exhibit "A" calls upon DTA to prepare.
Section 5.2 Neither this Agreement nor any duties or obligations under this Agreement
may be assigned by City without the prior written consent of DTA.
Section 5.3 DTA frequently is retained by developers, landowners, and other persons
and concerns interested in development projects which often eventually lead to the preparation on
a contract basis by DTA of preliminary tax spread models for government agencies to determine
tax rates and other matters necessary to accomplish various improvements to realty for financing
under a Mello -Roos or other financing programs. In light of the foregoing, City will determine
whether or not it is appropriate to conduct a "significant substantive review" or a "significant
intervening substantive review" of DTA's activities conducted pursuant to this Agreement as such
terms are defined in Section 18700(c)(h) of Title 2 of the California Administrative Code. Should
City elect to conduct such a substantive review, then City shall determine whether it has sufficient
expertise on staff to conduct such a review, and, if not, will retain an independent expert consultant
to review DTA's work. Thereafter, City shall conduct such review, or cause such independent
review to be conducted, prior to the making of any governmental decision relating to the matters
contained within the Scope of Work described in Exhibit "A." The Parties do not intend and
nothing in this Section 5.3 is meant to imply that DTA is a "public official," "participating in a
governmental decision," or has a "financial interest" in the services provided as such terms are
used in Section 87100 of Title 9 of the California Governmental Code.
Section 5.4 City shall provide prompt written notice to DTA if City becomes aware of
any fault or defect in the Consulting Services, including any errors, omissions, or inconsistencies
in DTA's Consulting Services.
Section 5.5 City, public agencies, landowners, DTA and other parties dealing with City
or involved in the CFD will be furnishing to DTA various data, reports, studies, computer printouts
and other information and representations as to the facts involved which City understands DTA
will be using and relying upon in preparing the reports, studies, computer printouts and other work
products called for by Exhibit "A." DTA shall not be obligated to establish or verify the accuracy
of the information furnished by or on behalf of City, nor shall DTA be responsible for the impact
or effect on its work products of the information furnished by or on behalf of City, in the event
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that such information is in error and therefore introduces error into DTA's work products.
Section 5.6 In the event that court appearances, testimony or depositions are required of
DTA by City in connection with the services rendered hereunder, City shall compensate DTA at a
rate of four hundred dollars ($400) per hour and shall reimburse DTA for out-of-pocket expenses
on a cost basis.
ARTICLE VI
TERMINATION OF AGREEMENT
Section 6.1 Either Party may terminate or suspend this Agreement upon thirty (30) days
prior written notice. Unless terminated as provided herein, this Agreement shall continue in force
until the Consulting Services set forth in Exhibit "A" have been fully and completely performed
and accepted by City and all proper invoices have been rendered and paid.
Section 6.2 Should either Party default in the performance of this Agreement or
materially breach any of its provisions, the other Party at its option may terminate this Agreement
by giving written notification to the defaulting Party. Such termination shall be effective upon
receipt by the defaulting Party, provided that the defaulting Party shall be allowed ten (10) days in
which to cure any default following receipt of notice of same.
Section 6.3 In the event of any termination that is not the fault of DTA, City shall pay
DTA for services rendered and reimbursable costs incurred in connection with the orderly
termination of this Agreement through the effective date of the termination of this Agreement.
Section 6.4 Suspension and Termination for Non -Payment. (i) In addition to any other
provisions in this Agreement regarding breach of this Agreement, if City fails to make payments
when due, DTA may suspend performance of services upon ten (10) calendar days' notice to City.
DTA shall have no liability whatsoever to City for any costs or damages as a result of such
suspension caused by any breach of this Agreement by City. Upon payment in full by City, DTA
shall resume services under this Agreement. (ii) If City fails to make payment to DTA in
accordance with the payment terms herein, and/or City has failed to cure its breach or default
following a suspension of services as set forth above, this shall constitute a material breach of this.
Agreement and shall be cause for termination of this Agreement by DTA upon seven (7) days
written notice to City. (iii) Payment of invoices shall not be subject to any discounts or set -offs by
City, unless agreed to in writing by DTA. Payment to DTA for services rendered and expenses
incurred shall be due and payable regardless of any subsequent suspension or termination of this
Agreement by either Party.
Section 6.5 The covenants contained in Sections 3.1, 3.2, 4.4, 5.3, 5.4, 5.5 and all of
Article VII shall survive the termination of this Agreement.
ARTICLE VII
GENERAL PROVISIONS
Section 7.1 Any notices to be given hereunder by either Party to the other may be
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affected either by personal delivery in writing or by mail. Mailed notices shall be addressed to the
parties at the addresses set forth below, but each Party may change the address by written notice
in accordance with the first sentence of this Section 7.1. Notices delivered personally will be
deemed communicated as of actual receipt. Mailed notices will be deemed communicated as of
two (2) days after mailing.
City
Danielle Garcia, Director
Management Services/Finance
City of Redlands
35 Cajon Street, Suite 10
PO Box 3005 (mailing)
Redlands, CA 92373
DTA
David Taussig, President
100 Bayview Circle, Suite 100
Newport Beach, CA 92660
T: 949.955.1500
F: 949.480.0034
Section 7.2 This Agreement supersedes any and all agreements, either oral or written,
between the Parties with respect to the rendering of the Consulting Services by DTA and contains
all of the covenants and agreements between the Parties with respect to such services. Each Party
acknowledges that no representations, inducements, promises, or agreements, orally or otherwise,
have been made by any Party, or anyone acting on behalf of any Party, regarding the Consulting
Services which are not embodied herein, and that no other agreement, statement, or promise not
contained in this Agreement shall be valid or binding. Any modification of this Agreement will
be effective if it is in writing and signed by bothParties.
Section 7.3 If any provision in this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless
continue in full force without being impaired or invalidated in any way.
Section 7.4 The prevailing Party in any action brought by one Party against the other
and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it
may have, to reimbursement for its expenses, including court costs and reasonable attorneys' fees,
including fees for use of in-house counsel by a Party.
Section 7.6 This Agreement shall be governed by and construed in accordance with the
laws of the State of California.
Section 7.7 Nothing contained in this Agreement shall create a contractual relationship
with or a cause of action in favor of a third party against either City or DTA. DTA's services under
this Agreement are being performed solely for City's benefit, and no other Party or entity shall
have any claim against DTA because of this Agreement or the performance or nonperformance of
the Consulting Services.
Section 7.8 Notwithstanding any other provision of this Agreement, and to the fullest
extent permitted by law, neither DTA nor City, their respective officers, directors, partners,
employees, contractors or sub -consultants shall be liable to the other for, or shall make, any claim
for any incidental, indirect or consequential damages arising out of or connected in any way to the
Consulting Services or to this Agreement. This mutual waiver of consequential damages shall
include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of
reputation or any other consequential damages that either Party may have incurred from any cause
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of action including negligence, strict liability, breach of contract and breach of strict or implied
warranty.
Section 7.9 It is intended by the Parties that DTA's services in connection with the
Consulting Services shall not subject DTA's individual shareholders, officers, directors, members,
managers or employees to any personal legal exposure for the risks associated with this Consulting
Services. Therefore, and notwithstanding anything to the contrary contained herein, City agrees
that as City's sole and exclusive remedy, any claim, demand or suit shall be directed and/or
asserted only against DTA and not against any of the individual shareholders, officers, directors,
members, managers or employees.
ARTICLE VIII
INSURANCE AND INDEMNIFICATION
Section 8.1 The following insurance coverage required by this Agreement shall be
maintained by Consultant for the duration of its performance of the Services. Consultant shall not
perform any Services unless and until the required insurance 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 "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
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with the insurance endorsements prior to any Services being performed by the assignee or
subcontractor.
8.2 Consultant shall defend, indemnify and hold harmless City and its elected officials,
employees and agents from and against any and all claims, losses or liability, including attorneys'
fees, arising from injury or death to persons or damage to property occasioned by any negligent
act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents
in performing the Services
IN WITNESS WHEREOF, this Agreement has been executed as of its Effective Date.
David Taussig and Associates, Inc. d/b/a DTA: CITY:
By:
David Taussig, President
ATTEST:
e Donaldson, City Clerk
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By:
Charles M. Dugga
Manager
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EXHIBIT A
MELLO-ROOS SPECIAL TAX ADMINISTRATION SERVICES
COMMUNITY FACILITIES DISTRICT NO. 2003-1
OF THE CITY OF REDLANDS
SCOPE OF WORK
David Taussig and Associates, Inc. d/b/a DTA ("DTA") shall provide financial consulting services to
assist the City of Redlands ("City") in the administration of City's Community Facilities District ("CFD")
No. 2003-1. The focus of these services shall be to determine the special tax rates and to facilitate the
collection of the special taxes in fiscal year 2023-24 by the County of San Bernardino.
The specific activities and tasks to be performed under this Scope of Work include the following:
Task 1 Land Use Research
This task involves determining, gathering and organizing the land use data required to apportion and
collect special taxes, and includes the following subtasks:
1.1 Subdivision Research: Identify and obtain copies of all final tract or parcel maps for CFD No.
2003-1. Determine acreage for each parcel.
1.2 Development Research: Review current Assessor Parcel maps to determine which parcel numbers
will be valid for each fiscal year.
1.3 Database Management: Create automated parcel database to include all parcels. Data items will
include Assessor Parcel Number, corresponding tract and lot number, acreage, and building permit
issuance date.
Task 2 Classification of Property
This task involves application of the Rate and Method of Apportionment of the Special Tax to determine
the appropriate special tax classification for each parcel located within CFD No. 2003-1, and includes the
following subtasks:
2.1 Exempt Property: Identify all property owned by public agencies or entities otherwise exempt
from the special tax and classify as exempt property.
2.2 Taxable Property: Identify all taxable properties and classify each as "Taxable Development
Property," "Taxable Public Property" or "Taxable Property Owner Association Property." Assign
each "Taxable Development Property" to the appropriate zone.
Task 3 Financial Analysis
This task involves calculating the Special Tax Requirement for each fiscal year and allocating it to
property in CFD No. 2003-1, and includes the following subtasks:
3.1 Determine Special Tax Requirement: Assist City with the preparation of an administrative
expense budget. Confirm interest and principal payments. Determine any other charges or credits
to tax levy.
3.2 2023-24 Special Tax Rates: Based on tax classifications and special tax requirement, compute
the fiscal year 2023-24 special tax rates for all classifications of taxable property.
Task 4 Report Preparation
This task includes the preparation of an Annual Special Tax Report containing the findings of the financial
analysis and an explanation of the methodology employed to apportion the special taxes for CFD No.
2003-1. Included in the report is a list of special taxes by Assessor's Parcel which can be used as the
exhibit to the resolution authorizing the levy and collection of special taxes for fiscal year 2023-24.
Task 5 Submittal of Special Taxes to County of San Bernardino
This task involves submitting the special tax levy on or before August 10, of each year, or such other date
specified by the County of San Bernardino to the Auditor -Controller for inclusion on the fiscal year 2023-
24 consolidated property tax bills. The special tax levy will be submitted on magnetic tape or other media
as specified by the County.
Task 6 Delinquent Property Owner Research
This task involves the review and research of County records to determine which parcels are delinquent
in the payment of property and special taxes, and includes the following subtasks:
6.1 Delinquent Special Tax Report: Review special tax payment information from the County of San
Bernardino. Determine which parcels are delinquent and the corresponding amount of delinquent
special taxes. Prepare report summarizing the amount of delinquent special taxes.
6.2 Collection of Delinquent Special Taxes: Assist City with the development of procedures to cure
delinquent special taxes. Assist with the preparation of demand letters as necessary.
Task 7 Roll Changes and Adjusted Property Tax Bills
This task involves monitoring any changes to the secured tax roll which necessitate new or adjusted
property tax bills. This task includes the calculation of new or adjusted bills and the preparation of
requests to the County to prepare such bills.
Task 8 Responses to Property Owner Questions
This task involves the provision of information to individuals and other interested parties regarding the
amount and calculation of the special tax.
Task 9 Monthly Review of All Funds and Accounts
This task involves continuous monitoring of fiscal agent financial statements for all funds and accounts
for CFD No. 2003-1 to assure the fiscal agent is adhering to the "Bond Indenture." Prepare monthly report
of financial activity for all funds showing account balances, interest earnings and other revenues, and
expenditures.
Task 10 Meetings
DTA will attend the City Council meeting at which the resolution authorizing the levy and collection of
special taxes is scheduled for adoption.
Task 11 CFD Disclosure
This task involves assisting City meet the annual disclosure requirements and includes the following
subtasks:
11.1 Submit required data to the California Debt and Investment Advisory Commission each October
in compliance with Section 53359.5 of the Government Code as stated in SB 1464.
11.2 Provide special tax disclosure documents to City for resale properties pursuant to Section 1102.6b
of the Civil Code and Section 53340.2 of the Government Code as stated in SB 1464.
11.3 Assist City in the preparation of material required by the District Continuing Disclosure
Agreement.
11.4 Assist City in the preparation of material in compliance with Section 53411 of the Government
Code as stated in SB 165.
11.5 Assist City in the preparation of material in compliance with SB 1029.
11.6 Assist City in the preparation of material in compliance with Section 12463.2 of the Government
Code as stated in AB 2109.
11.7 Assist City posting of material on City website in compliance with Section 53343.2 of the
Government Code as stated in AB 1666.
EXHIBIT B
MELLO-ROOS SPECIAL TAX ADMINISTRATION SERVICES
COMMUNITY FACILITIES DISTRICT NO. 2003-1
OF THE CITY OF REDLANDS
FEE SCHEDULE
Professional Services Fee
David Taussig and Associates, Inc. d/b/a DTA shall charge the following hourly fees for services related
to Tasks 1 through 11:
Managing Director $285/Hour
Vice President/Engineer $240/Hour
Manager $195/Hour
Senior Associate II $185/Hour
Senior Associate I $185/Hour
Associate II $165/Hour
Associate I $150/Hour
Research Associate II $140/Hour
Research Associate I $125/Hour
Subject to the limitations below, fees related to Tasks 1 through 11 shall not exceed $7,000 for fiscal year
2023-24. Monthly progress payments will be made by City upon presentation of invoice by DTA
providing details or services rendered and expenses incurred. At City's request services in addition to
those identified in the Scope of Work may be provided if the total fee required to complete Tasks 1 through
11 is less than $7,000. Alternatively, if the Scope of Work can be completed for less than the maximum
amount, only the hours actually expended will be billed.
In addition to fees for services, City will reimburse DTA for travel, photocopying, database services or
materials, facsimile and telephone calls, clerical services, and other out-of-pocket expenses, at cost and
in an amount not to exceed $1,000.
LIMITATIONS
If the maximum amount has been exceeded as a result of "extraordinary" consulting services required in
connection with Task 8 or 9, such additional services in excess of the maximum shall be billed at the
hourly rates listed above. For the purposes of this section, services rendered in connection with Task 8 or
9 which exceed $1,000 shall be considered extraordinary.
Additional services other than those necessary to amend errors on the part of DTA in Tasks 1 through 11
are not covered by the maximum fee listed above.
EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation 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. d/b/a DTA
By:
David Taussig, 'residet
Date: March 7, 2023