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AGMT - MV Cheng & Associates Inc (Temporary Accounting Services)
PROFESSIONAL SERVICES AGREEMENT between City of Seal Beach 211 8th Street Seal Beach, CA 90740 and MV Cheng & Associates, Inc. 102 W 24th Street Upland, CA 91784 (925) 963-9996 This Professional Service Agreement ("the Agreement") is made as of March 31, 2021 (the "Effective Date"), by and between MV Cheng & Associates, Inc., a California Corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). S7296-0001\2516456v1.doc RECITALS A. City desires to utilize the services of Consultant as an independent contractor to perform staffing assistance services to support the finance department. B. Consultant represents that it is fully qualified and able to provide City with such services by virtue of its experience and the training, education, and expertise of its principals and employees. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. I_[r]:1=1=1J,I=1`I1 1.0 Scope of Services 1.1. Consultant shall provide to the City all labor, services and incidental and customary work necessary to fully and adequately perform accounting functions and other legally permissible and proper duties and functions (collectively "Services") as may be, from time to time, assigned to Contractor by City's Director of Finance. The Services shall be performed by a member of the Consultants team as approved by the City's Director of Finance. Contractor represents and warrants that each person Contractor employs to perform the Services under the Agreement shall be fully competent, qualified, licensed, bonded, and/or certified, as required by the laws of the State of California throughout the course of this Agreement. 1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Consultant hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Consultant, and Consultant's staff, to do and perform the Services in a skillful, competent, and professional manner, and Consultant and Consultant's staff, shall perform the Services in such manner. Consultant shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Consultant's work by the City shall not operate as a release of Consultant from such standard of care and workmanship. 2 of 23 S7296-0001\2516456v1.doc 1.5. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. Payment for additional work in excess of this amount requires prior authorization by the City Manager or City Council, as appropriate. 2.0 Term Consultant shall commence the Services on March 31, 2021. The City may terminate this Agreement at any time, with or without cause or advance notice. Consultant may terminate this Agreement at any time, with or without cause upon 30 days prior written notice to City. Consultant shall be paid for all Services performed through the effective date of termination. 3.0 Consultant's Compensation 3.1. Compensation. As full compensation for Scope of Services satisfactorily rendered, City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for the services required by this Agreement, the hourly rate of Seventy -Five Dollars ($75.00), as more particularly described in Exhibit A ("Compensation"). Said Compensation shall constitute reimbursement of Consultant's fee for the services as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees, consultants and subcontractors, equipment, materials, and supplies necessary to provide the service (including all labor, materials, delivery, tax, assembly, and installation, as applicable). In no event shall the Consultant be paid more than $25,000, which includes expenses and additional services (if any) during the term of this Agreement ("Maximum Compensation"). 3.2. Expenses. The City will not reimburse Consultant for any expenses, unless expenses are agreed upon in advance in writing by both parties. 3.3. Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Consultant Representative authorize such services in writing prior to Consultant's performance of those services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council or the City Representative shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the Parties. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall 3 of 23 S7296-0001 \2516456v1.doc describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for four (4) years following the termination of this Agreement. 5.0 Party Representatives 5.1. Jill Ingram, City Manager, is the City's representative for purposes of this Agreement. 5.2. Misty Cheng is the Consultant's primary representative for purposes of this Agreement. 6.0 Notices 6.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: MV Cheng & Associates 102 West 24th Street Upland, CA 91784 Attn: Misty V. Cheng, President and Chief Executive Officer 6.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 4 of 23 S7296-0001\2516456v1.doc 7.0 Independent Consultant 7.1. Consultant is an independent Consultant and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant's supervision, and Consultant and all of Consultant's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details by which Consultant's personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 7.2. All of Consultant's employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant and Consultant's personnel shall not supervise any of City's employees; and City's employees shall not supervise Consultant's personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant's personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant's choice, except as otherwise may from time to time be necessary in order for Consultant's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant's performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 7.3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant's personnel in connection with their performance of any Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subconsultants providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, 5 of 23 S7296-0001 \2516456v1.doc compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 7.4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent Consultants in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 7.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 7.5. City agrees that each of Consultant's employees and/or subcontractors will only be able to obtain a direct contract or professional services agreement with the City, only after the expiration of the contract or professional services agreement with Consultant and only after 2 years from the expiration date of the contract or professional services agreement with Consultant. City agrees to hire one of Consultant's employees and/or subcontractors as a full time, permanent, fully benefited employee of the City, only after City has performed a recruitment and the employee and/or subcontractor has billed 960 hours to the City. City agrees to hire one of Consultant's employees and/or subcontractors as a part time, non -benefited employee on the City's payroll only after the employee and/or subcontractor has billed 960 hours to the City and the City pays a fee of 5% of the employee and/or sub contractor's annualized wages based on the hourly rate charged, to Consultant. If City employs Consultant's employees and/or subcontractors through another temporary service or staffing agency, City agrees to pay a fee of 10% of the employee and/or sub contractor's annualized wages based on the hourly rate charged, to Consultant. 7.6. The provisions of this Section 7.0 shall survive the expiration or termination of this Agreement. 8.0 PERS Compliance and Indemnification 8.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to 6of23 S7296-0001\2516456v1.doc perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 8.2. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent Consultants in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant's violation of any provisions of this Section 8.0. This duty of indemnification is in addition to Consultant's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 9.0 Information and Documents. A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively "Data") developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subconsultants shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of 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 City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City notice of such court order or subpoena. B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 7 of 23 S7296-0001 \2516456v 1.doc C. All Data required to be furnished to City in connection with this Agreement shall become City's property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City's sole property and may be used, reused or otherwise disposed of by City without Consultant's permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant. D. Consultant's covenants under this Section shall survive the expiration or termination of this Agreement. 10.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the Work. 12.0 Insurance 12.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 12.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and 8of23 S7296-0001 \2516456v 1.doc satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim/aggregate. 12.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 12.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 12.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing 9 of 23 S7296-0001\2516456v1.doc payment of losses and related investigation costs, claims and administrative and defense expenses. 12.6. Consultant shall require each of its subconsultants that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. 13.0 Indemnity 13.1.To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent Consultants in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subconsultants, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 13.2. Civil Code Exception. Nothing in this Section shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City's active negligence to the limited extent that the Agreement is subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 13.3. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent Consultant relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding 10 of 23 S7296-0001\2516456v1.doc Consultant and Consultant's employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this subsection 13.3. 13A.Subconsultant Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subconsultant, its officers, agents, servants, employees, subconsultants, materialmen, Consultants or their officers, agents, servants or employees (or any entity or individual that Consultant's subconsultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 13.5. Workers' Compensation Acts not Limiting. Consultant's indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers. 13.6. Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract. 13.7. Waiver of Right of Subrogation. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. 13.8.Survival. The provisions of this Section shall survive the termination of the Agreement and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against a Consultant shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 11 of 23 S7296-0001 \2516456v1.doc 14.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subconsultant, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 15.0 Labor Certification Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, Consultant certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require 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 of this Contract." 16.0 Force Majeure Neither City nor Consultant shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this subsection. Each party shall advise the other promptly in writing in accordance with Section 7 of this Agreement of each such excusable delay, its cause and its expected delay, and shall upon request update such advice. 17.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 12 of 23 S7296-0001\2516456v1.doc 18.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 19.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 20.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 21.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 22.0 Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction. 23.0 Non -Appropriation of Funds Payments to be made to Consultant by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's services beyond the current fiscal year, this Agreement shall cover payment for Consultant's services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 24.0 Prohibited Interests; Conflict of Interest 26.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or 13 of 23 S7296-0001 \2516456v1.doc which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 26.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 26.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 25.0 Mutual Cooperation. 25.1. City's Cooperation. City shall provide Consultant with all pertinent Data, documents, and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement. 25.2. Consultant's Cooperation. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 26.0 Audit Consultant shall maintain complete and accurate records with respect to all Work and other matters covered under this Agreement, including but expressly not limited to, all Work performed, salaries, wages, invoices, time cards, cost control 14 of 23 S7296-0001\2516456v1.doc sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Work provided in sufficient detail to permit an evaluation of all Work in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Work under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Work and performance of this Agreement for at least four (4) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section shall survive for four (4) years after expiration, termination or final payment under this Agreement, whichever occurs later. 27.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 28.0 Interpretation In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 29.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 30.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. 15 of 23 S7296-0001 \2516456v1.doc CITY OF SEAL BEACH Attesi IN F vu IAM.-Evilill1risl _ _II Approved as t or By: - Craig A. Steele, City Attorney S7296-0001 \25164560 .doc MV CHENG AND ASSOCIATES, INC. By: Name: Misty V. Cheng Its: PresidentlCEO Name: Its: (Please note, two signatures required for corporations pursuant to Califomia Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) 16 of 23 EXHIBIT A SCOPE OF WORK (Attached) 17 of 23 S7296-0001\2516456v1.doc My CHENG & ISS4CLITEIs Municipal Value Considlanis March 24, 2021 City of Seal Beach 211 Eighth St. Seal Beach, CA 90740 Dear Ms. Telford: Please accept this letter as MV Cheng & Associates Inc.'s proposal to your request for an interim accounting assistance for the City of Seal Beach. My firm, MV Cheng & Associates Inc., operates as an incorporated business within the State of California, with my associates being sub -contractors of the firm. Having over 20 years of experience in municipal auditing, accounting, and finance in several cities, large and small, has allowed me to be able to lend my expertise as a finance director to cities in need of financial help. I have served as Director of Finance and Director of Finance and Administrative Services for several cities. Most recently, I served as the Interim Finance Officer for the City of Yucaipa. In addition to the cities I serve personally, my sub -contractors have worked in several cities on short and long term assignments ranging from Payroll Technician, Accountant, Senior Accountant, Accounting Manager and Finance Director as well as serving on a long term basis as contract staff. Myself, as well as all of my sub -contractors are former employees of municipal government agencies. We bring a wealth of knowledge and expertise to our city clients, with a level of professionalism and understanding of the culture of the political and city office environments. With respect to the accounting services requested, I will be presenting one candidate. Below is a brief synopsis and the rate. Please refer to the resume attached for more details. $75 per hour -Ash Hassan -17 years of municipal experience consisting of positions such as Audit Supervisor, Senior Auditor, Accountant, Accounting Supervisor, Senior Accountant. MV Cheng & Associates Inc., is a unique firm in that it employs predominantly only former city/special district employees to work as sub -contractors in various cities on either a temporary/interim basis to long term contract staff. We bring a wealth of municipal knowledge and expertise in financial accounting that only city employees 18 of 23 S7296-0001 \2516456v 1.doc possess, yet we are consultants that can fill a void or bring change and improvement to a city's finance department. The goal of MV Cheng & Associates Inc. is not to make a huge profit, but to help cities with their needs in the finance department at competitive rates. Thus, MV Cheng & Associates Inc. are Municipal Value Consultants! Thank you for taking the time to consider my proposal for accounting assistance for your City. Should you have any further questions, please do not hesitate to contact me at (925) 963-9996 or email me at: mcheng@mvchengassociates.com Sincerely, Misty V. Cheng President & CEO 19 of 23 S7296-0001\2516456v1.doc ASH HASSAN OBJECTIVE To further my skills and knowledge as an auditor /accountant in the auditing & accounting profession, while pursuing a Certified Public Accountant license. EXPERIENCE: Accountant Supervisor Contractor April 2017 — Present MV Cheng & Associates, Inc. Pasadena, CA February 2021- Present City of Yucaipa (Senior Accountant) February 2020- Feb 2021 City of Costa Mesa (Accounting Supervisor) July 2018- January 2020 City of Lynwood (Senior Accountant) May 2018 — July 2018 North County Transit District —Ocean Side (Budget Analyst) February 2018- May 2018 City of Bell (Senior Accountant) Dec 2017 — January 2018 City of Chula Vista, Cerritos, Gustine, Rialto & Lake Elsinore (prepared State Controller reports) April 2017 — December 2017 Gardena Transit (Senior Accountant) Performing Accounting service to various state and local government including special districts. Compile information and works with external parties/outside agencies on various program financial audits. Address complex problems and develop effective solutions for revenue enhancement, and risk management. Prepares and/or assists in the preparation of, a diverse range of financial reports, including expenditure/revenue budget to actual comparison, monthly fiscal reports, the City's Comprehensive Annual Financial Report (CAFR), and other periodic financial reports. Reviews and performs financial analysis of various federal, state, and county grant financial reporting. Reviewing, evaluating, and monitoring of capital improvement program (CIP) plans and budgets; monitors and updates operating and capital budget adjustments and funding changes; reviews CIP requests for financial compliance. Prepared journal entries and reconciled general ledger and subsidiary accounts. Prepared monthly bank accounts reconciliation. Reviewing systems and programs to confirm compliance and the sufficiency of financial controls. Performs other related work as required. Audit Supervisor January 2016 — March 2017 The Pun Group, LLP Santa Ana, CA Responsible for managing daily fieldwork of financial and compliance audits of various state and local government including cities and special districts. Duties include planning, design and testing of internal controls over various transaction cycles; performing analytical review as well as substantive testing on financial statement account balances; and 20 of 23 S7296-0001 \2516456v 1.doc ensuring that all audit procedures are performed in accordance with the generally accepted auditing standards. Prepared numerous Cities Comprehensive Annual Financial Reports and the financial statements of related component units to ensure reporting is in compliance with generally accepted accounting principles. In charge of as many as three separate audits simultaneously. Supervised and provided on-the-job training to new employees. Accountant Jan 2015 — August. 2015 City of Lake Forest Lake Forest, CA Processed accounts receivable and cash Receipts transactions. Prepared monthly bank accounts reconciliation. Analyzed a variety of detailed accounting and statistical data, including data related to the City's budgetary, financial transactions, and Fees Prepared journal entries and reconciled general ledger and subsidiary accounts related to postings from payroll, accounts payable, cash receipts, and accounts receivable. Reconciled trial balance and job tracking report Assisted Accounting Manager in preparation monthly financial statements and the CAFR. Audit Supervisor March 2012 — Dec. 2014 Link, Murrel & Company, LLP Irvine, CA September 2011— Feb 2012 Vavrinek, Trine, Day & Co, LLP (VTD) Rancho Cucamonga, CA -Responsible for managing daily fieldwork of financial and compliance audits of various state and local government, not for Profits organization, OMB A133 (Single audit), and agreed upon procedures or compilation reports for private Companies with annual revenues up to $50+ million and 401K audit reports. -Planning engagements including preparing audit programs and time budgets. -Testing of internal controls over various transaction cycles; performing analytical review as well as substantive testing on financial statement account balances; and ensuring that all audit procedures are performed in accordance with the generally accepted auditing standards. -Supervised and provided on-the-job training to staff. Senior Auditor November 2008 — August 2011 Kieckhafer Schiffer & Co, CPAs (KS & CO) Irvine, CA Had primary accountability for the planning, supervising and delivering of financial statements audit, review, agreed upon procedures or compilation reports for private companies with annual revenues up to $100+ million. Thrived in a fast -paced environment, managing multiple projects and deadlines among private industries such as Manufacturing, Healthcare, Food Services and Retailers. Duties include planning, design and testing of internal controls over various transaction cycles; performing analytical review as well as substantive testing on financial statement account balances; and ensuring that all audit procedures are performed in accordance with the generally accepted auditing standards. Supervised, coached, and mentored professional staff members of the engagement team. Provided communication to upper management with issues that may arise and status of engagements. 21 of 23 S7296-0001 \2516456vl .doc Developed strong client relationships by meeting and exceeding client deadlines and expectations. Senior Auditor June 2004 — November 2008 Macias Gini & O'Connell, CPAs (MGO) Newport Beach, CA Responsible for managing daily fieldwork of financial and compliance audits of various state and local government including special districts and non for Profits organization. Planning engagements including preparing audit programs and time budgets. Duties include planning, design and testing of internal controls over various transaction cycles; performing analytical review as well as substantive testing on financial statement account balances; and ensuring that all audit procedures are performed in accordance with the generally accepted auditing standards. Prepared numerous Cities Comprehensive Annual Financial Reports and the financial statements of related component units to ensure reporting is in compliance with generally accepted accounting principles. Performed numerous of Agreed upon procedures and special projects such as John Wayne airport McDonald's, yacht club, insurance companies, and Hawaiian Gardens and Compton casino Monitoring reviews ❑ In charge of as many as three separate audits simultaneously. Supervised and provided on-the-job training to new employees. Utilized proSystem fx Engagement software to perform "paperless" audits. Senior Accountant April 2001—May2004 Pacific Trading &Marketing, Inc. Ontario, CA Processed accounts receivable and accounts payable. Reconciled bank accounts and sweep accounts. Maintained vendors and suppliers accounts (debit memo/credit Memo/ wires / PO.) ❑ Posted transactions to the GL. Assisted controller in preparation of financial statements. Managed inventory and research all discrepancies to ensure a good rollover. Researched All Discrepancies to determine the action to be taken (Write-off, Dispute, and payback). Accountant May 1997 —April 2001 Safeway Shipping, Inc. Mission Viejo, CA Prepared daily journal entries for cash receipts and cash disbursements, monthly bank reconciliation and month end closings. Supervised current/outstanding invoice payments, computerized data input, and assisted in invoices and purchase orders verification. Reconcile trial balance on a monthly basis Maintained open -order status reports, and oversaw all order processing, scheduling, and inventory control functions. Posted transactions to the ledger. Auditor December 1995 —April 1997 KPMG Cairo, Egypt Audited banks, as well as industrial Companies. 22 of 23 S7296-0001 \2516456v 1.doc Conducted computer audits. Utilized Macintosh computer analysis programs for checking bank Accounts. Tested internal controls over various transaction cycles Performed analytical review as well as substantive testing on financial statement account balances. EDUCATION: • Bachelor of Science in Accounting, Cairo University, Egypt CPA STATUS &OTHER QUALIFICATIONS: • Working on my CPA exam and planning to finish as soon as possible. • Certified tax preparer license. COMPUTER SKILLS: Extensive experience with Microsoft Excel, Word, Adobe, Power Point, Microsoft outlook, QuickBooks Pro, Eden, fund balance, spring brooks, and PeopleSoft accounting soft wares. REFERENCES: Furnished upon request. 23 of 23 S7296-0001\2516456v1.doc Awa CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/31/2021 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 SUBROGATIONIS 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 CONTACT AFFINITY INS SRVCS INC/PHS/ACCNTN LIMITS EACH OCCURRENCE $2,000,000 PHONE (866)467-8730 (A/C, No, Ext): [FAX (888)443-6112 C. No): 39320230 The Hartford Business Service Center 3600 Wiseman Blvd E-MAIL San Antonio, TX 78251 ADDRESS: INSURER(S) AFFORDING COVERAGE NAICM CLAIMS -MADE 1XI OCCUR INSURED INSURERA: Sentinel Insurance Company Ltd. 11000 MV CHENG & ASSOCIATES INC 102 W 24TH ST Hartford Insurance Company of the 37478 INSURER B: Midwest UPLAND CA 91784-1162 INSURERC: INSURER D INSURER E: INSURER F: IiVVCKAt3rb CFRTIFICOTF NIIMRFR• 0CxnQlna1 auuanen. 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. INS TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS EACH OCCURRENCE $2,000,000 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR DAMAGE TO RENTED $1,000,000 PREMISES fEa occurrence) X General Liability MED EXP (Any one person) $10,000 A X 39 SBA UJ0725 04/15/2020 04/15/2021 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY❑ PRO- FX] LOC JECT PRODUCTS -COMP/OPAGG $4,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT(Ea accident) $2,000,000 ANY AUTO BODILY INJURY (Per person) A ALL OWNED SCHEDULED AUTOS AUTOS 39 SBA UJ0725 04/15/2020 04/15/2021 BODILY INJURY (Per accident) X HIRED NON -OWNED X PROPERTY DAMAGE AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS - AGGREGATE MADE DED I RETENTION $ WORKERS COMPENSATION X PER OTH. AND EMPLOYERS' LIABILITY STATUTE B ANY Y/N PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 NIA 39 WEC IC2354 11/15/2020 11/15/2021 E.L. DISEASE -EA EMPLOYEE $1,000,000 InNOFFICER/MEMBER)EXCLUDED? (Mandatory (Mandatory in NH) E.L. DISEASE -POLICY LIMIT $1,000,000 If yes, describe under DESCRIPTION F OPERATIONS below DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached K more space Is required) Those usual to the Insured's Operations. Notice of Cancellation will be provided in accordance with Form WC990394, attached to this policy. Notice of Cancellation will be provided in accordance with Form SS1223, attached to this policy. Certificate holder is an additional insured per the Business Liability Coverage Form SS0008, attached to this policy. PGnTICl/�AT� uAI e��r� - - City of Seal Beach �I�VLLLAIIVI\ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 211 8TH ST BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED SEAL BEACH CA 90740-6305 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE W 1910-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ACOR 1 0 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 11/11/2020 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 Affinity Insurance Services Inc. 159 East County Line Rd Hatboro, PA 19040-1218 CONTACT PHONE FAX a� No: E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC / INSURER A: Continental Casualty Company 218-20443 INSURED Ms. Misty V.. Cheng INSURER B : MV Cheng & Associates Inc. INSURER C: CLAIMS -MADE D OCCUR 102 W 24th St INSURER D: Upland, CA 91784 INSURER E : DAMAGE TO PREMISES IFaRENTED occurrence) $ MED EXP (Any one person $ 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDDNYYY POLICY EXP N MM/DDYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE D OCCUR DAMAGE TO PREMISES IFaRENTED occurrence) $ MED EXP (Any one person $ PERSONAL 8 ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ JECT POLICY E PRO ❑LOC PRODUCTS - COMPIOP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ E accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNEDSCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident NON -OWNED HIRED AUTOS AUTOS b UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED RETENTION $ $ WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY Y / N OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ N / A --- (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ X Professional Liability / Errors and Omissions Insurance TFS 279671984 0 07/01/20 7/01/21 $1,000,000/$2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached it more space is required) Retro Date Class 1 7/01/10 Deductible $1000 CERTIFICATE HOLDER rAMrFI I ATInN © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 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 Affinity Insurance Services Inc. © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD (Policy Provisions: WCOOOOOOC) INFORMATION PAGE WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY INSURER: Hartford Insurance Company of the Midwest ONE HARTFORD PLAZA HARTFORD CT 06155 THE lk HARTFORD NCCI Company Number: 20605 Company Code: G Suffix LARS RENEWAL POLICY NUMBER: 39 WEC IC2354 4 Previous Policy Number: 39 WEC IC2354 1. Named Insured and Mailing Address: MV CHENG & ASSOCIATES INC (No., Street, Town, State, Zip Code) 10? W 24TH ST UPLAND CA 91784 FEIN Number: 80-5465156 State Identification Number(s): The Named Insured is: Corporation Business of Named Insured: All Other Business Support Services Other workplaces not shown above: 2021 OAKDALE ST PASADENA CA 91107 2. Policy Period: From 11/15/20 To 11/15/21 ANNUAL 12:01 a.m., Standard time at the insured's mailing address. Producer's Name: AFFINITY INS SRVCS INC/PHS/ACCNTN 1100 VIRGINIA DR STE 250 FORT WASHINGTON PA 19034 Producer's Code: 39320230 Issuing Office: THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 (866) 467-8730 _ Total Estimated Annual Premium: $631 Deposit Premium: Policy Minimum Premium: $600 CA Audit Period: ANNUAL Installment Term: Full Pay (100%Down) The policy is not binding unless countersigned by our authorized representative. Countersigned by �� Caar'�a�z� 10/06/20 Authorized Representative Date Form WC 00 00 01 A (1) Printed in U.S.A. Page 1 (Continued on next page) Process Date: 10/06/20 Policy Expiration Date: 11/15/21 INFORMATION PAGE (Continued) Policy Number: 39 WEC IC2354 3.A. Workers Compensation Insurance: Part one of the policy applies to the Workers Compensation Law of the states listed here: CA B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3.A. The limits of our liability under Part Two are: Bodily injury by Accident $1,000,000 each accident Bodily injury by Disease $1,000,000 policy limit Bodily Injury by Disease $1,000,000 each employee C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: ALL STATES EXCEPT NORTH DAKOTA, OHIO, WASHINGTON, WYOMING, U.S.TERRITORIES AND STATES DESIGNATED IN ITEM 3.A. OF THE INFORMATION PAGE. D. This policy includes these endorsements and schedule: SEE ENDORSEMENT -WC 99 03 68 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plans All information required below is subject to verification and change by audit. Premium Basis Classifications Total Estimated Rates Per Estimated Code Number and Annual $100 of Annual Description Remuneration Remuneration Premium Total Standard Premium Expense Constant Terrorism Risk Insurance Program Reauthorization Act Disclosure Endorsement Estimated Annual Premium (before Surcharges) Total Estimated Surcharges *See the attached Schedule(s) of Operations for Location and State Level Premium Information Total Estimated Annual Premium: $631 Deposit Premium: Policy Minimum Premium: $600 CA Interstate/Intrastate Identification Number: Refer to Schedule of Operations Labor Contractors Policy Number: NAICS: 561499 SIC: 8721 $400 $200 $11 $611 $20 Form WC 00 00 01 A (1) Printed in U.S.A. Page 2 Process Date: 10/06/20 Policy Expiration Date: 11/15/21 ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/ 04/12/22021021I) 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 Affinity Insurance Services Inc. 159 East County Line Rd Hatboro, PA 19040-1218 CONTACT PHONE FAX IQ. ExtIE A/C "° E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAICS INSURER A: Continental Casualty Company 218-20443 INSURED Ms. Misty V.. Cheng MV Cheng & Associates Inc. 102 W 24th St Upland, CA 91784 INSURER B : INSURER C : INSURER D: INSURER E: INSURER IF, - COVERAGES 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMBS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE � OCCUR _ DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY � PRO JECT 7 LOC PRODUCTS -COMP/OPAGG $ $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea .,dent _ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS j AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ X Professional Liability / Errors and Omissions Insurance TFS 279671984 0 7/01207/01/21 $1,000,000/$2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Retro Date Class 1 7/01/10 Deductible $1000 CERTIFICATE HOLDER retirl:l I erinlu City of Seal Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 211 Eighth St. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Seal Beach , CA 90740 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Affinity Insurance Services Inc. © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD