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HomeMy WebLinkAboutContracts & Agreements_57A-2026AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of Professional Consulting Services ("Agreement") is made and entered in this 21" day of April, 2026 ("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 L t City hereby engages Consultant to provide consulting services for the 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 Scope of 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 Scope of Services. ARTICLE 4 — PERFORMANCE OF SERVICES 4.1 Consultant shall perform and complete the Scope of Services in a prompt and diligent manner for Community Facilities District ("CFD") No. 2001-1, hereinafter 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 Scope of 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." 1Acmo\Agreements\Agreemjent w DTA.CFD-200t.bm.04.29.2026.FY2526-166.doex 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. 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 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 City in such future reports and analyses. 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 or authority with respect to any City decision beyond the rendition of information advice, recommendation or counsel. 2 I:\emo\Agreements\Agrcemjent w D'rA.CFD-2001.bm.04.29.2026.FY2526-166.doex 4.5 If the Consulting 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 Consulting Services shall not exceed the amount of Four Thousand Five Hundred dollars ($4,500.00). City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibij "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 Consultant'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. (e) Courier services, facsimile, and telephone expenses 5.3 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 hereunder pursuant to Section 4.3 or as provided in Exhibit "A" hereto. 5.4 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. C\emo\Agreements\Agreemjent w DTA.CFD-2001.bm.04.29.2026.FY2526-166.doex 5.5 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: Danielle Garcia, Director Management Services/Finance City of Redlands 35 Cajon Street P.O. Box 3005 (mailing) Redlands, CA 92373 dgarcia@cityofredlands.org CONSULTANT: Kelly Wright, Chief Executive Officer 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 maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Consulting 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 Consulting 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 insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made. 4 1Acmo\Agreements\Agreemjent w DTA.CFD-2001 bm.04.29.2026.FY2526-166.doex 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 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 Consulting 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 Consulting 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 Consulting 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 Consulting Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Consulting 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. 5 Memo\AgmcmentsUgreemjent w DTA.CFD-2001.bm.04.29.2026.FY2526-166.deex 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 — OTHER OBLIGATIONS OF CONSULTANT 8.1 Consultant agrees to perform the Scope of Services in accordance with Exhibit "A" and the applicable standard of care. Should any errors caused by Consultant's negligence be found in such services or products, Consultant will correct them at no addition charge by revising the work products called for in Exhibit "A" to eliminate the errors. 8.2 Consultant will supply all tools and instrumentalities required to perform the Consulting Services under the Agreement. 8.3 Neither this Agreement nor any duties or obligations under this Agreement may be assigned by Consultant without the prior written consent of City. However, Consultant may subcontract portions of the work to be performed hereunder to other persons or concerns provided Consultant notifies City of the name and address of said proposed subcontractor and City either consents or fails to respond to notification with respect to the use of any particular proposed subcontractor. 8.4 In the performance of Consulting Service hereunder, Consultant 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. Consulting is not authorized to make any representation, contract or commitment on behalf of City. ARTICLE 9 — OTHER OBLIGATIONS OF CITY 9.1 The City shall provide full information in a timely manner regarding requirements for and limitations on the Project. City agrees to comply with all reasonable requirements of Consultant and provide access to all documents reasonably necessary to the performance of Consultant's duties under this Agreement with the exceptions of those documents which Exhibit "A" calls upon the Consultant to prepare. 9.2 Neither this Agreement nor any duties or obligations under this Agreement may be assigned by City without the prior written consent of Consultant 6 I:\cmo\Agreements\Agreemjent w DTA.CFD-2001.bm.04.29.2026.FY2526-166.doex 9.3 Consultant 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 Consultant 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 Consultant'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 Consultant'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 Services described in Exhibit "A." 9.4 The City shall provide prompt written notice to the Consultant if the City becomes aware of any fault or defect in the Services, including any errors, omissions, or inconsistencies in the Consultant's Instruments of Service. 9.5 City, public agencies, landowners, consultants and other parties dealing with City or involved in the Scope of Services referred to in Exhibit "A" will be furnishing to Consultant various data, reports, studies, computer printouts and other information and representations as to the facts involved in the Project which City understands Consultant will be using and relying upon in preparing the reports, studies, computer printouts and other work products called for by Exhibit "A." Consultant shall not be obligated to establish or verify the accuracy of the information furnished by or on behalf of City, nor shall Consultant be responsible for the impact or effect on its work product of the information furnished by or on behalf of City, in the event that such information is in error and therefore introduces error into Consultant's work products. 9.6 In the event that court appearances, testimony, or depositions are required of Consultant by City in connection with the services rendered hereunder, City shall compensate Consultant at a rate of $400 per hour and shall reimburse Consultant for out-of-pocket expenses on at -cost basis. ARTICLE 10 — GENERAL CONSIDERATIONS 10.1 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. 10.2 Consultant shall not assign any of the Consulting Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. 7 1:\cmo\Agreements\Agrccmjent w DTACFD-2001.bm.04.29.2026.FY2526-166.doex 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. 10.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Consulting 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 Consulting 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. 10.4 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 Consulting 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 Consulting Services. Consultant shall be compensated on a pro-rata basis for Consulting Services completed up to the date of termination. Notwithstanding the above, computer software (including without limitation financial models, compilations of formulas and spreadsheet models) and products derived from such software, 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. However, the fixed final work product delivered by Consultant shall belong to the City. 1.0.5 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 the City during an audit shall be subject to release as required by law. 10.6 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 IAcmo\Agreements\Agreemjent w DTA.CPD-2001.bm.04.29.2026.CY2526-I66.docx 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. 10.7 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. 10.8 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. Charles M. Duggan, Jr. M ager ATTEST: V JegiKe Donaldson, City Clerk DTA PUBLIC FINANCE, INC. By: �— KeIly Wr ght, Chief Executive Officer 9 L kcmo\Agreements\Agreemjent w DTA.CFD-2001 bm.04292026.FY2526-166.docx EXHIBIT "A" SCOPE OF SERVICES Consultant, shall provide financial consulting services to assist the City in the administration of City's Community Facilities District ("CFD") No. 2001-1. The focus of these services shall be the close-out tasks required following the final principal payment on the bonds expected on March 1, 2026. The specific activities and tasks to be performed under this Scope of Services include the following: Task 1- Review of All Funds and Accounts This task involves continuous monitoring of fiscal agent financial statements for all funds and accounts for CFD 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. Consultant will coordinate with the City and Trustee to close out bond accounts, as needed, following the final principal payment on March 1, 2026. Task 2- CFD Disclosure This task involves assisting City meet the final disclosure requirements and includes the following subtasks: 2.1 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. 2.2 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. 2.3 Assist City in the preparation of material required by the District Continuing Disclosure Agreement. 2.4 Assist City in the preparation of material in compliance with Section 53411 of the Government Code as stated in SB 165. 2.5 Assist City in the preparation of material in compliance with SB 1029. 2.6 Assist City in the preparation of material in compliance with Section 12463.2 of the Government Code as stated in AB 2109. Assist City posting of material on City website in compliance with Section 53343.2 of the Government Code as stated in AB 1666. 10 IAcmo\Agreements\Agrcemjent w DTA.CFD-2001.bm.04.29.2026.FY2526-166.doex Task 3- Delinquent Property Owner Research This task involves the review and research of County Records to determine which parcels are delinquent in the payment of prior year property and special taxes, and includes the following subtasks: 3.1 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. 3.2 Collection of Delinquent Special Taxes: Assist City with the development of procedure to cure delinquent special taxes. Assist with the preparation of demand letters as necessary. Task 4- Prepare and Record Notice of Cancellation of the Special Tax Lien At the City's request, Consultant can prepare and record a Notice of Cancellation of the Special Tax Lien following the final principal payment on the bonds. Consultant will coordinate with the City to have the notice signed and subsequently recorded at the County Recorder's office. Such notice shall include a list of all non -delinquent parcels in the CFD which would no longer be subject to the special tax. 11 I:\wno\Agreements\Agmemjent w DTA.CFD-2001.6m.04.29.2026.FY2526-166.doex EXHIBIT "B" FEESCHEDULE Consultant shall charge the hourly fees listed below for services related to the Scope of Services in Exhibit "A." Table 1: Fee Schedule Labor.. .Managin Director Rate $295AHour Vice Prestdentl ngirreer $250AHour Manager $20WHour Senior Associate 11 $195AHour Senior Associate I $195JHour Associate 11 $175A -lour Associate I $160AHour Research Associate 11 $150AHour Research Associate $135MOur Subject to the limitations below, fees related to the Scope of Services shall not exceed $3,500 for fiscal year 2026-27. Monthly progress payments will be made by City upon presentation of invoice by Consultant providing details or services rendered and expenses incurred pursuant to Section 5.4 of the Agreement. At 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 1-4 is less than $3,500 and a written amendment to the Agreement is executed by both parties pursuant to Section 10.6 of the Agreement. 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, such additional services in excess of the maximum shall be billed at the hourly rates listed above. 12 1:\cmo\Agreements\Agreemjent w DTA.CFD-2001.bm.04.29.2026.FY2526-166.doex 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: Date: May 5, 2026 Kelly Wri ht, Chief Executive Officer 14 I:1emo\Agreements\Agmemjent w DTA.CFD-200 Lbm.04.29.2026.FY2526-t66.doex