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Mark Alvarado - 2019-10-24
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MARK ALVARADO FOR CONSULTATIVE FINANCIAL SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and Mark Alvarado, a Sole Proprietorship, hereinafter referred to as "CONSULTANT." WHEREAS, City and Consultant are parties to that certain agreement, dated October 24, 2019, entitled "Professional Services Contract Between the City of Huntington Beach and Mark Alvarado for Consultative Financial Services" which agreement shall hereinafter be referred to as the "Original Agreement," and CITY and CONSULTANT wish to amend the Original Agreement to reflect the additional work to be performed by CONSULTANT and the additional compensation to be paid in consideration thereof by CITY to CONSULTANT, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. ADDITIONAL COMPENSATION In consideration of the additional services to be performed, CITY agrees to pay CONSULTANT, and CONSULTANT agrees to accept from CITY as full payment for services rendered, an additional sum not to exceed Sixty Thousand Dollars ($60,000), in addition to the original sum of Thirty Thousand Dollars ($30,000), for a new total not to exceed Ninety Thousand Dollars ($90,000). 20-8518/226436 1 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on Qay-C�- k3 , 2020. MARK ALVARADO CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: ')e-6 '- print name ITS: (circle one)Chairman/President/Vice President City Manager (pursuant to HBMC §3.03.060) AND By: INITIATED AND APPROVED: print name ITS: (circle one) Secretary/Chief Financial Chief Financial Officer Officer/Asst. Secretary-Treasurer APPROVED A ORM: City Attorney Date: Receive and File City Clerk COUNTERPART 20-8518/226436 2 2. REAFFIRMATION Except as specifically modified herein,all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties`hereto have caused this agreement to be executed by their authorized officers on 2020. MARK ALVARADO CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name ITS: (circle one)Chaira esid LYice President City Manager m (pursuant to HBMC §3.03.060) AND By: INITIATED AND APPROVED: p ' t name — —'�—'�� ITS: (circle/ecreta Secretary/Chief Financial Chief Financial Officer Officer/Asst. ry-Treasurer APPROVED AS TO FORM: City Attorney Date: COUNTERPART 20-8518/226436 2 CITY OF HUNTINGTON BEACH Professional Service Approval Form Amendment # 1 1. Date Requested: 02/26/2020 2. Contract Number to be Amended: 3. Department: Finance 4. Requested By: Dahle Bulosan 5. Name of Consultant: Mark Alvarado 6. Amount of Original/Prior Contract: $30,000 7. Additional Compensation Requested: $60,000 8. Original Commencement Date: 10/24/2019 9. Original Termination Date: 10/24/2022 10. Extended Date Requested: None 11. Reason for Contract Amendment: Additional financial consulting services are needed. Purchasing Approval Signature Date 12. Are sufficient funds available to fund this contract? Yes ® No ❑ 13. Business Unit and Object Code where funds are budgeted: Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 19/20 20/21 21/22 10035201.69325 $30,000 $15,000 $15,000 $ Budget Approval Signature ate Depa ment Head Signature 16ate 2� V C' 'Manager Approval gnature 15ate psa amendment#1 REV: 2016 Ac" CERTIFICATE OF LIABILITY INSURANCE DATEIMM,DDNYYY) 41sss� 3/5/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Patricia Anaya Kessler Alair Insurance Services, Inc PHONE (909)931-1500 ac No: 'sosi ux-31v License M OA 91387 -MAIL panay a@kessleralair.com ADDRESS: 12497 N. Mainstreet, Ste. 240 INSURERS AFFORDING COVERAGE NAIC0 Rancho Cucamonga CA 91739 INSURERA:Hiscox Insurance Company 102000 INSURED INSURER B: Mark Alvarado INSURER C: 1388 Northstar Lane INSURER D: INSURER E: Upland CA 91784 INSURER F: COVERAGES CERTIFICATE NUMBER:2020-21 GL EO Cart REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SUBRI POLICY EFF POLICY LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE ❑X OCCUR PREMISES IEa occurrencel $ 100,000 X UDC-2150764-CGL-20 1/19/2020 1/19/2021 MED EXP(Any oneperson) f 5,000 PERSONAL 6 ADV INJURY f 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 X POLICY E PRO PRODUCTS-COMPIOP AGG S nAgg JECT �LOC S/T Ge OTHER: f AUTOMOBILE LIABILITY COMBIRED SINGLE LIMIT f Es accident ANY AUTO Per PPROVED AS TO Ft�RN BODILY INJURY(Per person) f ALL OWNED SCHEDULED BODILY INJURY accident S AUTOS AUTOS ( i NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS By:— G — Per accident S f UMBRELLA LWB OCCUR CITY ATTORNEY EACH OCCURRENCE f EXCESS LIA9 FCLAIMS-MADE C OF HUNTINGTON 6EACH AGGREGATE f DIED I I RETENTION f f WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN T T ER ANY PROPHIETORIPARTNERIEXECUTIVE ❑NIA E.L.EACH ACCIDENT f OFFICERIMEMBER EXCLUDED? (Mandatory Ia NH)-- _ E.L.DISEASE•EA EMPLOYEE f ySCRIOPcnba under RA E.L.DISEASE-POLICY LIMIT f DESCRIPTION OF OPERATIC, A Professional Liability UDC-21507641-CGL-20 1/19/2020 1/19/2021 Each Cinm: $2,000,000 A9W male $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks SchaduW may be ahachad If more space is required) The City of Huntington Beach, its officials, Officers, employees, agents, and volunteers are named as additional insureds per attached form CGL 25421 CW 02/14 on the General Liability policy and form DPL E5424 CW 02/15 on the Professional Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE Patricia Anaya/PANAYA 70otf/f.IJ Q 1988-2014 ACORD CORPORATION. All/rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) HI SCOX Hiscox Insurance Company Inc. Policy Number: UDC-2150764-CGL-20 Named Insured: Mark Alvarado Endorsement Number: 8 Endorsement Effective: January 19,2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - AUTOMATIC STATUS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II —Who Is An Insured is amended to include as an additional insured any per- sons) or organization(s) for whom you are performing operations or leasing a premises when you and such person(s) or organiza- tion(s) have agreed in writing in a contract or agreement that such person(s) or organiza- tions) be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to lia- bility for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing opera- tions; or 2. In connection with your premises owned by or rented to you. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations or lease agreement for that additional insured are completed. CGL E5421 CW(02/14) Includes copyrighted material of Insurance Services Office, Inc.,with its Page 1 of 1 permission. 1111r. HISCOX Policy Number: UDC-2150764-EO-20 Hiscox Insurance Company Named Insured: Mark Alvarado Endorsement Number: 3 Endorsement Effective: January 19,2020 E5424.1 Blanket Additional Insured Endorsement(PLI In consideration of the premium charged and on the understanding that this endorsement leaves all other terms, conditions, and exclusions unchanged, it is agreed that the Professional Liability — US Direct Errors and Omissions Insurance policy is amended as follows: 1. In Clause VI. DEFINITIONS, paragraph V., "'You' or 'Your'," is amended to include the following at the end thereof: You or Your shall also include any Additional Insured but only for the Wrongful Acts of those contemplated in paragraphs 1.,2.or 3.of the definition of"'You'or'Your"': 2. The following definition is added to Clause VI. DEFINITIONS: AI-A. Additional Insured means any person(s) or organization(s) with whom You have agreed in a written contract or agreement to add them as an additional insured to a policy providing the type of coverage afforded by this Policy, provided the contract or agreement: 1. is currently in effect or becomes effective during the Policy Period;and 2. was executed before the Professional Services from which the Claim arises were performed. 3. In Clause III. EXCLUSIONS, paragraph F. is deleted in its entirety and replaced with the following: F. brought by or on behalf of one Insured against another Insured; provided, however,this Exclusion will not apply to any Claim brought by an Additional Insured in any capacity other than that of an Additional Insured. All other terms and conditions remain unchanged. DPL E5424 CW(02/15) Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MARK ALVARADO FOR CONSULTATIVE FINANCIAL SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Mark Alvarado, a Sole Proprietorship hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide consultative financial services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the 'PROJECT." CONSULTANT hereby designates Mark Alvarado who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/surfnet/professional svcs to$49 10/15 19-8131/216549 1 of 12 3. TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on- October 24 , 2019 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 12 weeks from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, including travel expenses shall not exceed Thirty Thousand Dollars ($30,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. agree/surfnet/professional svcs to$49 10115 19-8131/216549 2 of 12 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. agree/surfnet/professional sves to$49 10/15 19-8131/216549 3 of 12 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT agree/surfnet/professional svcs to$49 10/15 19-8 13 1/216549 4 of 12 waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all agree/surfnet/professional svcs to$49 10/15 19-8131/216549 5 of 12 payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agree/surfnet/professionalsvcs to$49 10115 19-8131/216549 6 of 12 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Mark D. Alvarado, CPA ATTN: Travis Hopkins 1388 Northstar Lane 2000 Main Street/PO Box 190 Upland, CA 91784 Huntington Beach, CA 92648 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/surfnet/professionalsves to$49 10/15 19-8131/216549 7 of 12 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the agree/surfnet/professionalsvcs to$49 10/15 19-8131/216549 8 of 12 provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. agree/surfnet/professional svcs to$49 10/15 19-8131/216549 9 of 12 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/surfnet/professional svcs to$49 10/15 19-8131/216549 10 of 12 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. agree/surfnet/professionalsvcs to$49 10/15 19-8131/216549 11 of 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Mark D. Alvarado Ca o•nia By: ; A IC2 Director/Chief �'�Ol�� +/aK-a (Pursuant To HBMC�3.03.100) print name ITS: (circle one) Chairma Presi=t/Vice APPROVED AS TO FORM: President AND � 4� City Attorney � By: ! ;ate print name RECEIVE AND FILE: ITS: (circle one) Secretary/ ref Financial Officer/Asst. Secretary—Treasurer Q 7i62� City Clerk Date agreelsurfnet/professional Svcs to$49 10115 19-8131/216549 12 of 12 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Compensation for the services listed in Exhibit "A" shall be based on the actual amount of time spent in adequately performing the services, and shall be billed at the rate of one hundred fifty dollars ($150) per hour for each hour worked during the term of this Agreement. The total compensation for this Agreement, for the services listed in Exhibit "A", shall not exceed thirty thousand dollars ($30,000). B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Exhibit B Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND MARK ALVARADO FOR CONSULTATIVE FINANCIAL SERVICES Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance ..............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices... .................................................................................................................7 17 Consent ....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety.......................................................................................................................10 29 Effective Date.................................................................................I I EXHIBIT "A" Surfnet Exhibit A Mark D.Alvarado, CPA Governmental Financial Consultant 1388 Northstar Lane Upland; CA 91784 62005,4086 October 18, 2019 'Oliver Chi City Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 9264.& PROFESSIONAL SERVICE AGREEMENT FOR CONSULTATIVE FINANCIAL SERVICES, Dear Mt. Chi: This Professional Services Agreement("PSA".)is made effective as of October 18, 2019, between the City of Huntington Beach, ("Agency"), 9 municipal corporation, and Mark Alvarado, a sole proprietorship, ("Consultant") In consideration of the mutual covenants and conditions set forth herein, the parties agree to the following: 1. Term This Agreement shall commence on October 18, 2019, and shall remain and continue in effect-until tasks-described. herein am completed, u. sERvicEs Services to be provided are included in Exhibit "A". 111. PERFORMANCE Consultant shall perform all Services under this Agreement in a.skillful and competent. ,manner, consistent with the, standards generally recognized as being employed by professionals in the same discipline in the State of California, and consistent with all .applicable,laws. Consultant,represents that it, itS employees an.d sub consultants have all. licenses, permits,qualifications, and approvals of whatever nature that. are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout.the term of this Agreement. Compensation for the above services.shall be .based on the actual amount of time spent in adequately performing the Services,;'purtuant% to the following provisions.,- Mark Alvarado-Professional Services Agreement' • Compensation for the services listed in Exhibit"A"shallbe.based on the actual amount of time spent in adequately performing the,services, and shall be billed at the rate of one hundred fifty dollars($150) per hour for each hour worked during the term,of this Agreement: Travel time to and from City,Hall for`meetings will be billed at the rate of $10Q'per hour of travel. ■, The total compensation for thin Agreement, for the services listed in Exhibit X, shall not exceed thirty thousand dollars ($30,000). Gonsultarrt is aware of the requirements of California Labor Cede: Section 17201 et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and."maintenance" projects if the Services are being performed as part of an applicable "public works' or "maintenance" project,,as defined by the Prevailing Wage Laws, and if the total compensation Is $1,000 or more,. Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect:at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute;the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business:and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the.Prevailing Wage Laws. Consultant shall provide proof of automobile'insurance to the City in amounts and with policies, endorsements and conditions required by the City for the Services. If Consultant is an employer or otherwise hires one or more employees during the term of this Project, Consultant :shall also provide- proof of workers' compensation coverage for such employees which meets all requirements of State law. IV. PAYMENT. Invoices shall be submitted to the City monthly as performance of the Services rendered. City shall review and pay the approved charges on such invoices in a timely,manner. The Agency;agrees to pay the Consultant monthly, in accordance with the payment rates and terms as set forth in this Agreement. Consultant shall not be compensated for any services.rendered in connection with its performance of the AGREMENT which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the. Agency. -Consultant shall be compensated for any additional services in the amounts.and in the manner as agreed to by Agency and Consultant at the time Agency's written<authorization is given to the Consultant for the performances of said services. Mark Alvarado-Pmfessional Services Agreement V., SUSPENSION.ORI TERMINATION OF AGREEMENT WITHOUT CAUSE The Agency may at any time, for any reason, with or without.cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten, (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. In the event this Agreement is terminated pursuant to this Section, the Agency shall pay the Consultant the actual value of the work performed up to the time of termination;. provided that the work performed is of value to the Agency. Upon termination of the Agreement pursuant to this Section, the:Consultant shall submit an.invoice:t,o the Agency pursuant to Section IV. V1. OWNERSHIP OF DOCUMENTS ,Consultant shall maintain complete and:accurate records with respect to sales, 'costs, expense, receipts; and other such information required by Agency that relate to the, performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient Aetail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles,and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of Agency at reasonable times to such books and records; shall give Agency the right to examine and audit said books and records. ; shall permit Agency to make copies as necessary;ecessary; and shall allow inspection of all work, data documents, proceedings, and activities related to this Agreement. Such recordsi,together with supporting documents,shall;be maintained for a period of three(3).,years:after receipt, of final payment. INDEMNIFICATION AND DEFENSE Consultant shall defend,,. indemnify and hold the City, its officials, officers, employees, :agents, and volunteers,free,and harmless from any and all claims, demandsl. causes of action, expenses, liabilities, losses, damages, and injuries to property or ,persons., including wrongful death, in any mariner arising out of or incident to any alleged negligent acts, omissions or willful misconduct. of Consultant, its officials, officers, employees, agents, and consultants, arising out of or in connection with the. performance of the Services or this Agreement, including, without limitation, the payment of all consequential damages, attorney's fees and other related costs and expenses. City shall defend, ihdemnify and hold the Consultant,,employees, 'agents, and volunteers free and harmless from any and 211 claims, demands, causes of action, expenses, 3 . ....... . Mark Alvamdo—Prof6ssionai-SerWces,,,Agreement liabilities, losses, damages,.and injuries to property or persons, including wrongful death, In any manner arising out of or incident to any'alleged negligent acts, omissions or willful misconduct of City, its officials, officers,, employees, agents, and consultants, arising, out of or in connection with the performance of the Services or this,Agreement, including, without limitation, 'the payment of all consequential damages, attorney's fees and other related costs and expenses, Vill. INSURANCE :Consultant shall obtain btain and maintain. at all times during the term of this Agreement a professional'lia,bility("errors and omissions`), insurance,policy with a.responsible company with broad coverage of 41 officers, employees or other persons,acting in any capacity.with respect to financial consulting assistance provided to the City. Any such errors and omissions policy shall insure and protect the City, at a minimum, against losses, including, without limitation, those arising from errors and omissions and negligent acts of such persons. The professional liability coverage shall not be:less,than $2,000,000, per claim, or in aggregate. IX INDEPENDENT CONSULTANT Consultant is and shall at all times remain as to the Agency a wholly independent consultant :and/or an independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall, at all. times be under Consultant's exclusive direction and control. Neither Agency nor any:df its officers, employees, or agents shall have:control over the conduct of Consultant or any of.Consultant's officers, employees, or agents, except as set forth in this Agreeme.0t... X. RELEASE OF INFORMATION All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without Agency's prior written authorization. Consultant, its officers, employees, and agents shall not, without written authorization from the Agency, or unless requested.by the Agency, voluntarily provide declambont, letters<or support, testimony at depositions, response to interrogatories, or other.information concerning the work performed,under this,.Agreement or relating to,any project or,property located within the Agency.. Response to,a subpoena or court order shall not beconsidered "voluntary"provided Consultant gives%Agency notice of such court order or subpoena. )(I. LICENSES At all times during."the term of this Agreement, Consultant,shall:have-in full force and effect, all licenses required of it by law for the performance of`the services described in this Agreement. 4 Mark Alvarado-Professional Services Agreement X11. GOVERNING LAW The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement, and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the Agency. XIII. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this Agreement, or with respect to the terms and conditions of this Agreement, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. If you agree with the terms of this Agreement, please indicate by signing and dating where indicated below. CONSULTANT CITY OF HUNTINGTON BEACH Approved by: Reviewed and Accepted by City: X'// a k Alvarado ate City of Huntington Beach Date 5 Mark Alvarado-Professional Services Agreement Exhibit"A" Scope of Services to be provided by Independent Contractor: The scope of services to be provided include consulting services related to the overall City finances, including but not limited to review of the organizational structure, financial accounting review, debt financing strategies, CaIPERS / pension cost modeling, and City budgetary review. 6 Form Request for Taxpayer Give Forms to the (Rev.October2018) Identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FonnW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this tine;do not leave this line blank. Mark Alvarado 2 Business name/disregarded entity name,if different from above Mark Alvarado m 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to following seven boxes. certain entities,not individuals;see a instructions on page 3): c ❑✓ Individuallsole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate N single-member LLC Exempt payee code(f any) ai c o. o C?o ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► i o i? Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting _ LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC Is code(if any) y S another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that a. u is disregarded from the owner should check the appropriate box for the tax classification of its owner. w u Other(sea instructions)► (xpwiBstuecC-M3ma,vnedoaeaemeu5l 4)t0. 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) v7 1388 Northstar Lane 6 City,state,and ZIP code Upland CA 91784 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part 1,later.For other 5 M49 —M47 entities, it is your employer identification number(EiN).If you do not have a number,see Now to get a TIN, later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding:and 3.1 am a U.S.citizen or other U.S,person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report ail interest and dividends on your tax return_For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you epot-Mpuired to sign Sbte certification,but you must provide your correct TIN,See the instructions for Part II,later. Sign Signature of Here U.S.person► Date► i G General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormWD. •Form 1099-5(proceeds from real estate transactions) Purpose of Form • Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an • Form 1098(home mortgage interest), 1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number • Form 1099-C(canceled debt) (53N),individual taxpayer identification number(ITIN),adoption • Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EiN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S,person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN, returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might +Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev,10-2018) CITY OF HUNTINGTON BEACH Professional Service Approval Form RCfV y PART I OCT 2 2 2019 Date: 10/22/2019 Project Manager Name: Travis Hopkins Finance Department Requested by Name if different from Project Manager: Department: City Manager PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Consulting services related to the overall City finances, including but not limited to review of the organizational structure, financial accounting review, debt financing strategies, CalPERS / pension cost modeling, and City budgetary review.r 2) Estimated cost of the services being sought: $ 30,000 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) Check below how the services will be obtained: ❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b)—Other Interagency Agreement procedure will be utilized. ® MC 3.03.08—Contract Limits of$30,000 or less exempt procedure will be utilized. 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ® Yes ❑ No — C�W,���4 IP/Og ices Manager Si nature (Purchasing Approval) Date 6) Amount, Business Unit(8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2019/20 10035201 $30000 $ $ $ $ $ $ $ Sh 16 1 aa 1 -,J Budget A pr I Date O 7, - Ze eDepartment ead Signature(s) Date Chief Financial Officer Signature Date Assistant City Managefsf Signature Dat A PRO NIE 0/2.V/14 City Manager's Signature Dat professional service approval form- part i REV: February 2015 CITY OF HUNTINGTON BEACH n Professional Service Approval Form RECEIVED OCT 2 2 2019 ` - PART 11 Finance luepertment Date: 10/22/2019 Project Manager: Travis Hopkins Requested by Name if different from Project Manager: Department: City Manager PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Mark D. Alvarado, CPA 2) Contract Number: ADM 3) Amount of this contract: $30,000 Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2019/20 10035201 $30,000 $ $ $ 4) Is this contract less than $50,000? ® Yes ❑ No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over$100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. l "Department Head ate Final ices Manager(Purchasing) Date 1Q/4/C/y°/I t y A1AA crr �r o aal� Budget Manager Approval Signature Date Chief Officer(or designee) Signature Date professional service approval form - part ii AC DATE(MMIDONYYY) CERTIFICATE OF LIABILITY INSURANCE 1=512018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les)must be endorsed. If SUBROGATION IS WANED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER COW—ACT ..PHONE FAX ..............._.._ Hiscox Inc.dlbla/Hiscox Insurance Agency in CA {xC���_(888)202-3007 __.._.._._.. _..1.. No 520 Madison Avenue AOOR COntBCt�hiscox.COm IL 32nd Floor _. M8UR£R(S)AFFORDING COVERAGE NAlC/ New York,NY 10022 INSURER A: Hiscox Insurance Company Inc 10200 INSURED _...... -_._.. _.. _ __..... INSURER B Mark Alvarado INSURER C __-------..........._.__.. ........ 1388 Northstar Lane INSURERD: .............. INSURER E:. Upland CA 91784 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. w= 3UBR! ____..._...__--�P T ---- _- -....... LT. TYPE OF INSURANCE POLICY EFF POLICY ExP wVD, POLICY NUMBER RAMOONYYY (ANAID01YYYY1LMML3 COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE f_ `�f�IT6F11 Ei CLAIMS.MADE R OCCUR ' (�EMISES_(Ea accurrencr — ._ -.. _. .._ PERSONAL 6 ADV INJURY i GIEWL AGGREEGAAIX LIMrf APPLIES PER: GENERAL AGGREGATEPOLICY S PRO l_ JECT i.---- LOC, PRODUCTS-COMPIOP AGG f on*-:R: 11 AUTOM06111LE L"ILITY BIKED SINGLE LIMIT ANY AUTO BODILY INJURY(Per posm) 3 ALL OWNED ! SCHEDULED � i L._._........................ AUTOS AUTOS BODILY INJURY(Peres NON-OWNED PROPERTY CRA"E HIRED AUTOS AUTOS lPaLec>�tte±12_ i UMBRELLA LIAR OCCUR EACH OCCURRENCE S txcEss LV B `c A>MS NMAOE APPRO ED AS TO F O M AGGREGATE 3 DED RETENTION E I - WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N By - .ANYPROPRIETOR/PARTNERIEXECUTIVE "„SIC AEL E.GA S .L.EACNACCIDENT E i ."......... ..._._. OFFICERIMEMBEREXCLUDED? ❑ NIA= +(Mandatory in NH) , +.I ATTORNE, -----__...._� _ rrbe under 'E.L.DISEASE-EA EMPLOYEE:S F yea,dex DESCRIPTION OPERATIONS below OF H, NTINGTON BEAK? ! E.L.DISEASE-POLICY LIMIT ! E Professional Liability I Each Claim: $ 2,000,000 A i UDC-2150764-EO-19 01119/201SI 01/19/2020 Aggregate: $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORO 191,Additional Remarks Schedule,may he attached H more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE }`.at. �.. ... E ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD �0 CERTIFICATE OF LIABILITY INSURANCE 72!05f2018 E(MMIDDAIYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT NAME: Hiscox Inc.dtbla/Hiscox Insurance Agency in CA PHONE 888 202 3007 — FAX 520 Madison Avenue contact hiscox.com .tea:_--._................__ ... _ .._.__..............__. 32nd Floor wsuRER{s}AFFoaoWccovERAGE NAIGti New York,NY 10022 .... NSURERA: HIS=Insurance Company Inc 1 102M INSURED tNSLIR6R B Mark Alvarado INSURER G _ .....__...._.__-�_____-----___ ..._.._..___ _ -- 1388 Northstar Lane INSURER D: WSURER E Upland CA 91784 INSURER P: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR...__ _....._.— 'Ab0LSU6R.___ ... LTR TYPE OF INSURANCE POLICY EFF POLICY ExP POLICY NUMBER I IMMIDDIYYYY) M LIMITS X I COMMERCIAL GENERAL /LIABILm EACH OCCURRENCE s 1,000,000 CLAIMS-MADE /\'OCCUR To RENTO — !I PREMISES{Ea Y 3..._1_00L000 .. ........_... (Arty tale p $ 5,000 A ' UDC-2150764-CGL-19 0111912019 01/19/2020 PERSONAL a AM INJURY x 1,000,000 GEML AGGREGATE LIMIT APPLIES PER, -- -.._..______ ............ PRO- +-_..._ ' _GENERAL AGGREGATE i. 000,000 POLICY i ------ JECT LDC PRODUCTS_-COMP/OP AGti ti SIT G9n- t 'OTHER :S AUTOMOSILELMILnY SINGLEL;RtrT 1 (Ea sttidenti----._— ANY AUTO O 90DLY INJURY(Pr prem) S ALL OWNED SCHEDULED SODILY INJURY(Pr actdderlt) S AUTOS AUTOS ; HIRED AUTOS OSWNED I r OPERTY DAMAGE AU iCddrK �s j UMBRELLA L1A8 OCCUR _....., __ EACH OCCURRENCE Is EXCESS LIAR AGGREGATE S _._ CIAUILSMAOE +.._ E -- --- .—_._.__. DEDREETENTION 15 'WORKERS COMPENSATION AND EMPLOYERS'LIABILITY VIM 1 STATUTE ER �.—...-.................. ANYPROPMETOWPARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED? ❑NIA E.I.EACH AC CIDENT (Mandatory in NH) .._...___. S _ E.L.DISEASE-EA EMPLOYE 3 If D SCRIPTION OF OPERATIONS below ---..._....._DISEAS........_. E.L. E•POLICY LIMIT f - i DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES (ACORD 101.Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (9 1988-2014 ACORD CORPORATION, All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD