HomeMy WebLinkAboutContracts & Agreements_61-2025AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of Professional Consulting Services ("Agreement") is
made and entered on this 21 st day of April, 2025 ("Effective Date"), by and between the City of
Redlands, a municipal corporation ("City") and DTA Public Finance, Inc., 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:
ARTICLE 1— ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide consulting services for City's Mello -Roos
Community Facilities District ("CFD") No. 2001-1 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 this
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 and 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 for
Community Facilities District ("CFD") no. 2001-1, herein after called "Project" in
accordance with the schedule set forth in Exhibit "A," titled "Scope of Services" which is
attached hereto and incorporated herein by reference. Such professional services and work
products, as from time to time modified in accordance with Section 4.3 hereof, are
collectively referred to as the "Consulting Services."
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4.2 Instruments of Service. 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 Consultant are Instruments of Service of
Consultant and shall remain the property of Consultant. Consultant shall likewise retain
all common law, statutory and other reserved rights, including the copyright thereto. The
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 Consultant uses
to generate such reports is owned by, or is duly licensed from a third party to Consultant
and is not being provided to the City hereunder. The reports and models used to generate
such reports are for use on this Project only. The 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 Consultant. The
City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the
Consultant, its shareholders, officers, directors, employees and subconsultants
(collectively, Consultant's) against any damages, liabilities or costs, including reasonable
attorneys' par 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 or any of
Consultant's Instruments of Service, including models, by the City or any person or entity
that acquires or obtains the reports from or through the City without the written
authorization of the Consultant. City acknowledges that Consultant may have used
reports and analyses that Consultant authored for other clients as base works or templates
for the reports and analyses prepared for City pursuant to this Agreement, and City
acknowledges and agrees that Consultant has the right to use the reports and analyses that
it authors pursuant to this Agreement as base works or templates for reports and analyses
that Consultant authors for Consultant's other clients, provided, however that Consultant
shall not use any confidential information provided by the City in such future reports and
analyses. The City further acknowledges and agrees that Consultant has spent substantial
time and effort in collection and compiling data and information (the "Data
Compilations") in connection with the Consulting Services and that such Data
Compilations may be used by Consultant for its own purposes, including, without
limitation, sale or distribution to third parties; provided, however, that Consultant 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.
4.3 Any proposed changes in the Consulting Services hereunder shall be submitted to the
other party hereto, and any such changes agreed to by the parties shall be reflected in an
amendment to Exhibit "A" in accordance with Section 8.6.
4.4 Nothing in this agreement shall give the Consultant possession of authority with respect
to any City decision beyond the rendition of information, advice, recommendation, or
counsel.
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4.5 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 eight thousand five hundred dollars ($8,500.00). City shall pay Consultant on a
time and materials basis up to the not to exceed amount in accordance with Exhibit "B,"
titled ("Fee Schedule") which is attached hereto and incorporated herein by reference. The
City acknowledges and agrees that portions of Consultant's professional fees and expenses
may have been incurred by Consultant prior to the execution of this Agreement (the "Pre -
Agreement Fees ") and City agrees to pay such Pre -Agreement Fees in accordance with
this Agreement.
5.2 The City shall reimburse the Consultant for out-of-pocket and administrative expenses by
paying a charge equal to 3% of DTA's monthly billings. Expenses shall include all actual
expenditures made by Consultant in the performance of any Consulting Services
undertaken pursuant to the Agreement, 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.
5.3 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.
5.4 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
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(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:
Danielle Garcia, Director
Management Services/Finance
City of Redlands
35 Cajon Street, Suite 10
Redlands, CA 92373
dgarcia@cityofredlands.org
CONSULTANT:
Andrea Roess, Managing Director
DTA Public Finance, Inc.
18201 Von Karman Ave. Suite 220
Irvine, CA 92612
Phone: 949-955-1500
Fax: 949-480-0034
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be procured and
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. Consultant shall secure and maintain professional liability(Errors and Omissions)
Insurance appropriate to the Consultant's profession,throughout the term of this
Agreement in the amount of One Million Dollars ($1,000,000) per occurrence or claim
made, $1,000,000 aggregate.
D. 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
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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
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
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position specified in City's Conflict of Interest Code under Government Code
section 87302.
7.3 In the event City determines that Consultant must disclose its financial interests, Consultant
shall complete and file a Fair Political Practices Commission Form 700, Statement of
Economic Interests, with the City Clerk's office pursuant to the written instructions
provided by the City Clerk.
ARTICLE 8 — GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing Party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-
house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of
City and in strict compliance with the terms and conditions of this Agreement. Any
assignment or attempted assignment without such prior written consent may, in the sole
discretion of City, result in City's immediate termination of this Agreement.
8.3 Consultant is for all purposes under this Agreement an independent contractor and shall
perform the Services as an independent contractor. Neither City nor any its agents shall
have control over.the conduct of Consultant or Consultant's employees, except as herein
set forth. Consultant shall supply all necessary tools and instrumentalities required to
perform the Services. Assigned personnel employed by Consultant are for its account only,
and in no event shall Consultant or personnel retained by it be deemed to have been
employed by City or engaged by City for the account of, or on behalf of City. Consultant
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind
City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less
than five (5) days prior written notice to Consultant of City's intent to terminate. If this
Agreement is terminated by City, an adjustment to Consultant's compensation shall be
made, but (1) no amount shall be allowed for anticipated profit or unperformed Services,
and (2) any payment due Consultant at the time of termination may be adjusted to the 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.
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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. Any information copied and retained by
City during an audit shall be subject to release as required by law.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained herein,
and any prior negotiations, written proposals or verbal agreements relating to such matters
are superseded by this Agreement. Except as otherwise provided for herein., any
amendment to this Agreement shall be in writing, approved by City and signed by City and
Consultant.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the
State of California, without regard to its conflicts of laws provisions. The Parties agree that
all actions or proceedings arising in connection with this Agreement shall be tried and
litigated only in the state courts located in San Bernardino County, California, and the
federal courts located in Riverside County, California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement
is declared invalid, void or unenforceable by a court of competent jurisdiction, the same
shall be deemed severable from the remainder of this Agreement and shall not affect,
impair or invalidate the remaining sentences, clauses, paragraphs or sections contained
herein, unless to do so would deprive a Party of a material benefit of its bargain under this
Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS
By:
9�
Charles M. DAfgan, Jr., City anager
ATTEST:
J e Donaldson, City Cleric
DTA PUBLIC FINANCE, INC.
By:
Kelly Wrigh , C f ecutive Officer
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EXHIBIT "A"
SCOPE OF SERVICES
DTA Municipal Solutions, a division of DTA ("Consultant"), shall provide financial consulting
services to assist the City of Redlands ("City") in the administration of City's Community
Facilities District ("CFD") No. 2001-1. 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 2025-26 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. 2001-1. Determine acreage for each parcel.
1.2 Development Research: Determine building permit activity as of January 1 of
each year. Identify building permit issuance date, tract, and lot for each new
building. 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. 2001-1, 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 "Developed
Property," "Undeveloped Property," "Taxable Public Property" or "Taxable
Property Owner Association Property." Assign each "Developed Property" to the
appropriate special tax class.
Task 3 — Financial Analysis
This task involves calculating the Special Tax Requirement for each fiscal year and allocating
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it to property in CFD No. 2001-1, 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 FY 2025-26 Special Tax Rates: Based on tax classifications and special tax
requirement, compute the fiscal year 2025-26 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. 2001-1. 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 2025-26.
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 2025-26 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 of 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.
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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 CID No. 2001-1 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
Consultant will attend the City Council meeting at which the resolution authorizing the levy
and collection of special taxes is scheduled for adoption.
Task 11 — CID Disclosure
This task involves assisting the 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's website in compliance with Section
53343.2 of the Government Code as stated in AB 1666
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EXHIBIT "B"
FEE SCHEDULE
Consultant shall charge the hourly fees listed below for services related to Tasks 1-11.
Table 1. Fee Schedule
r. rr - r• O
Managing Director
1IDDIMillif
$290/Hour
$245/14our
S200/Hour
5190/Hour
Vice President/Engineer
Manager
Senior Associate II
Senior Associate I
$190/Hour
$170/Hour
$155/Hour
Associate II
Associate I
Research Associate II
_
$145/Hour
$130/Hour
Research Associate I
Subject to the limitations below, fees related to Tasks 1-11 shall not exceed $7,500 for fiscal
year 2025-26. Monthly progress payments will be made by City upon presentation of
invoice by Consultant providing details or services rendered and expenses incurred. At
the City's request, services in addition to those identified in the Scope of Services may be
provided if the total fee required to complete Tasks 1-11 is less than $7,500. Alternatively, if
the Scope of Services can be completed for less than the maximum amount, only the hours
expended will be billed.
In addition to fees for services, City will reimburse Consultant for travel, photocopying,
database services or materials, facsimile and telephone calls, clerical services, and other
out-of-pocket expenses, in an amount not to exceed $1,000.
A. Disclaimer
While Consultant has a fiduciary responsibility as a licensed Municipal Advisor,
Consultant is not, unless otherwise stipulated, acting as the City's Municipal Advisor.
The services discussed herein do not constitute any financial advice or fall under the
category of municipal advisory services as defined by the SEC.
B. Limitations
If the maximum amount has been exceeded as a result of "extraordinary" consulting
services required in connection with Task S 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 S or 9 which exceed $1,000 shall be
considered extraordinary.
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Additional services other than those necessary to amend errors on the part of Consultant in Tasks
1-11 are not covered by the maximum fee listed above,
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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.
DTA Public Finance, Inc.
By: �-1x-
'.✓ Date: April22 2025
Kelly Wr, xecutive Officer
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