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Item No. 10 Amend. No. 1 PSA Letterly Environ & Land Planning
Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 19-465 Agenda Date: 1/28/2020 Status: Approval FinalVersion: 1 File Type: Council Consent Calendar In Control: City Council / Successor Agency Agenda Number: 10) Page 1 City of Lake Elsinore Printed on 1/23/2020 Page 1 of 2 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared by: Barbara Leibold, City Attorney Date: January 28, 2020 Subject: Amendment No. 1 to Professional Services Agreement with Letterly Environmental & Land Planning Management for Environmental and Project Management Services Recommendation Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Letterly Environmental & Land Planning Management in substantially the form attached and in such final form as approved by the City Attorney. Background The City entered into a Professional Services Agreement with Letterly Environmental & Land Planning Management dated January 1, 2019 for a contract amount up to $24,500. The original agreement was for environmental and project management services in connection with the Back Basin Biological Compliance (B3) Program to address natural resource regulatory issues within the Back Basin and (ii) on-call environmental consulting services to review project specific documents to evaluate impacts to the Back Basin and consistency with the comprehensive B3 Program approach. The goal of the B3 Program is to address all-natural resource regulatory issues within the Back Basin and to produce a biological compliance program for development within the East Lake Specific Plan (ELSP). Discussion Letterly Environmental & Land Planning Management has the qualifications, skills and expertise to provide services necessary to develop the B3 Program. The initial B3 Program work effort involved close coordination with California Department of Fish and W ildlife (CDFW) and resulted in identification of all outstanding streambed alteration agreement compliance issues within the Back Basin. To continue efforts toward the development of the B3 Program, the Professional Services Agreement must be amended. The proposed Amendment No. 1 provides for compensation up to $60,280 for professional services related to the B3 Program as outlined in the consultant’s proposal attached to the proposed Amendment No. 1. In addition, Letterly Environmental & Land Planning Management qualifications, skills and expertise provide a valuable resource to the City for on-call resource agency regulatory matters. The proposed Amendment No. 1 expands the scope of on-call services from the Back Basin Amendment No. 1 to Professional Services Agreement - Letterly Environmental & Land Planning Management January 28, 2020 Page 2 of 2 area to citywide services that will be available to the City on an as needed basis. The proposed Amendment No. 1 provides for compensation for on-call services not to exceed $15,000 annually. Fiscal Impact Professional Services for the B3 Program and environmental regulatory matters are b udgeted and paid from the General Fund – planning outside services. Compensation under the Amendment will not exceed $60,280 for professional services related to the B3 Program and $15,000 annually for on-call services. Exhibits A – Amendment No. 1 B - Original Agreement AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES LETTERLY ENVIRONMENTAL & LAND PLANNING MANAGEMENT This Amendment No. 1 to Agreement for Professional Services (“Amendment No. 1”) is made and entered into as of January 28, 2020 by and between the City of Lake Elsinore (“City), a municipal corporation, and Letterly Environmental & Land Planning Management, a California sole proprietorship (“Consultant”). RECITALS A. City and Consultant entered into that certain Agreement for Professional Services dated as of January 1, 2019 (the “Original Agreement”) for environmental and project management services in connection with the Back Basin Biological Compliance (B3) Program to address natural resource regulatory issues within the Back Basin and (ii) on-call environmental consulting services to review project specific documents to evaluate impacts to the Back Basin and consistency with the comprehensive B3 Program approach. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Consultant in an original amount not to exceed Twenty-Four Thousand Five Hundred Dollars ($24,500) without additional written authorization from the City. C. The parties now desire to extend the term of the Original Agreement one (1) additional year and increase the compensation in an amount of Sixty Thousand Two Hundred Eighty Dollars ($60,280) for environmental and project management services in connection with the B3 Program and Fifteen Thousand Dollars ($15,000) per calendar year for on-call environmental consulting services in accordance with the terms set forth in this Amendment No. 1. D. The Original Agreement and this Amendment No. 1 shall collectively be referred to as the “Agreement.” NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows: 1. Section 1, subpart a of the Original Agreement is amended to add the following: “Consultant’s Proposals shall be amended to include all services and related work consistent with Consultant’s B3 Program Proposal – Phase 2 (Exhibit 1-A). On-Call services described in Exhibit B shall be amended to provide for such services, as requested by the City Manager or designee, on a citywide basis.” 2. Section 2, subpart c of the Original Agreement is amended as follows: “The Term of this Agreement shall continue until the services and related work set forth in Consultant’s Proposals is completed, but in any event not later than December 31, 2021, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3. Compensation of the Original Agreement is hereby amended to add the following: “In no event shall Consultant’s compensation for services and related work consistent with Consultant’s B3 Program Proposal – Phase 2 (Exhibit 1-A) exceed Sixty Thousand Two Hundred Eighty Dollars ($60,280) without additional written authorization from the City. In addition, compensation for On-Call Services consistent with Exhibit B as amended by Amendment No. 1 shall be increased to Fifteen Thousand Dollars ($15,000) per calendar year, commencing 2020 and ending 2021, without additional written authorization from the City. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 as of the day and year first set forth above. “CITY” CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: Candice Alvarez, MMC, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney “CONSULTANT” LETTERLY ENVIRONMENTAL & LAND PLANNING MANAGEMENT Steve Letterly, Owner Attachments: Exhibit 1-A – Consultant’s B3 Program Proposal – Phase 2 EXHIBIT 1-A LETTERLY ENVIRONMENTAL & LAND PLANNING MANAGEMENT BACK BASIN BIOLOGICAL COMPLIANCE PROGRAM (B3 PROGRAM) – PHASE 2 1 17 20 LETTERLY ENVIRONMENTAL & LAND PLANNING MANAGEMENT Page 1 56842788.v1 Overview The B3 Program will produce a biological compliance program for development within the East Lake Specific Plan (ELSP). The initial B3 work effort involved close coordination with California Department of Fish and Wildlife (CDFW) and resulted in identification of all outstanding streambed alteration agreement compliance issues within the Back Basin. The B3 Program will address all-natural resource regulatory issues within the Back Basin. The B3 Program is intended to both: resolve any pending issues or dissatisfaction among the “Resources Agencies” with prior mitigation projects previously mandated within the Back Basin pursuant to the Lake Management Plan USACE Section 404 Permit (LMP Section 404 Permit); the Lake Management Plan CDFW Streambed Alteration Agreement (LMP SAA); and state and federal Resources Agencies’ permits for all public and private development projects in the Back Basin. The outstanding CDFW issues have been documented and coordination with other agencies will occur once a compliance strategy has been agreed upon with CDFW. The agreed upon approach with CDFW will set the stage for other agency concurrence. streamline compliance of future development projects proposed under the ELSP with permitting requirements of all Resources Agencies that may have jurisdiction to issue permits for developments and/or accept mitigation projects within the Back Basin, including particularly: o CDFW under the Streambed Alteration Agreement provisions of the Cal. Fish and Game Code; as well as o USACE under Section 404 of the Clean Water Act,; o USFWS and CDFW under the MSHCP; o RCA under the 770-acre Plan; and o The Santa Ana RWQCB, either in connection with the existing 401 Certification or pursuant to new regulations proposed by the State Water Resources Control Board that will mandate a statewide permitting program for discharges of dredge and fill to “waters of the state,” as will be defined in the future and which may include some or all of the Back Basin area. LETTERLY ENVIRONMENTAL & LAND PLANNING MANAGEMENT Page 2 56842788.v1 Development of B3 Program The B3 Program will identify the activities necessary to achieve all the following objectives: 1. Obtain agreement of all Resources Agencies to a single B3 Program. The B3 Program is envisioned primarily as a phased mitigation land and/or a mitigation bank or in-lieu fee type of program, and will address compliance with flood capacity related conditions, as necessary to identify, and implement enhancement, ongoing management and additional conservation of Back Basin mitigation lands required to attain and constituting: full and complete satisfaction of all prior mitigation commitments under the Lake Management Plan Permits; full and complete satisfaction of all prior individual development project mitigation commitments, including those issued for the Summerly development (including recent draft Master Streambed Alteration Agreement (SAA); mitigation for all impacts of all future development projects proposed in substantial compliance with the ELSP Amendment No. 11 and the B3 Program to any environmental or biological resources, and/or to flood capacity and flood control improvements within the Back Basin. full and complete satisfaction of MSHCP requirements including the City’s MSHCP 770- acre Open Space Plan and MSHCP Chapter 6 Implementation Structure (species and wetlands, riverine and vernal pool). Goal is to achieve Chapter 6 requirements via conservation lands set aside in the 770-acre open space plan. 2. Obtain concurrence from each of the Resources Agencies of a general permit or permitting framework, allowing for permit coverage or agreed upon requirements of future project-specific development activities within the Back Basin,1 on a streamlined basis and in accordance with specific time periods, upon: submission by the developer of a “Substantial Compliance Demonstration” or permits consistent with the permitting framework showing development plans in substantial compliance with the ELSP and implementation of the developer’s fair share land and/or fee contribution to a Back Basin Wide preserved mitigation area totaling approximately 770 acres via developer land and/or fee dedication obligations specified in the B3 Program; and subsequent issuance by each of the Resources Agencies with jurisdiction of a “Substantial Compliance Determination” or permits authorizing development pursuant to the Resources Agency issued General Permit or agreed upon permitting framework. 3. Create a B3 Program with streamlined timeframes for processing development clearances under the Back Basin General Permits or permit framework: Developers would only be required 1 While the implementation plan will focus on the B3 Program for the back basin, opportunities for broadening the program to encompass other lake shore areas that may arise during implementation, will be considered by the City’s team and pursued if advantageous, on balance, to the City’s future build out. LETTERLY ENVIRONMENTAL & LAND PLANNING MANAGEMENT Page 3 56842788.v1 to submit Substantial Compliance Demonstration documents to a single point of contact, such as the RCA (under the general permit) or comply with the permitting framework, and would receive, within certain specified time periods, concrete feedback, and ultimately clearances and coverage of proposed development under the Back Basin General Permits from the Resources Agencies or issuance of individual permits under the permit framework approach. 4. Define a B3 Program management framework for establishing an ongoing conservation program that includes the following: A. Identification of 770 acres of Back Basin mitigation lands, which will be defined in a manner that builds upon lands already dedicated as mitigation, and considers the Back Basin areas most likely to serve as mitigation in light of the goals, objectives and requirements of the ELSP and MSHCP; B. A mechanism to provide for ultimate assemblage, management and conservation in perpetuity of 770-acres of biologically valuable and desirable mitigation land; C. A mechanism for the collection of funds for ongoing enhancement and management, of those lands; D A mechanism for the collection of funds for further enhancement or alternatively the City acts as facilitator with existing permit holders for mitigation areas already dedicated within the Back Basin on a reasonably “fix” for existing non-compliant mitigation in the eyes of the agencies (regardless of the rational basis for the agencies dissatisfaction); and 5. Outline steps that might be taken to identify grant funding and other sources or methods for funding the development and implementation of the B3 Program that might be pursued by the City Work Product 1. Facilitate meetings with CDFW and permit holders and reach consensus on reasonable fixes to outstanding permit issues. 2. Manage biological resource assessment/survey of development lands and mitigation parcels; including coordination with ELSP landowners and/or project development teams. 3. Development of a detailed B3 Program implementation outline. 4. Engage in up to 2 meetings with City staff, City attorney and special counsel to consider the first draft of the implementation outline. 5. Coordinate with CDFW and other resource agency review of B3 Program implementation outline. 6. Prepare the final draft of the detailed B3 Program implementation outline. LETTERLY ENVIRONMENTAL & LAND PLANNING MANAGEMENT Page 4 56842788.v1 7. Present the final draft of the detailed B3 Program implementation outline to City Council as directed by Staff and the City attorney. 8. Prepare Draft Back Basin Biological Compliance Program for team review 9. Engage in up to 2 meetings with City staff, City attorney and special counsel to consider the draft Back Basin Biological Compliance Program. 10. Revise Draft Back Basin Biological Compliance Program based on team comments 11. Prepare Final Back Basin Biological Compliance Program including review by CDFW and other resource agencies. 12. Present the final draft of the detailed B3 Program to City Council as directed by Staff and the City attorney. Budget Initial not to exceed without prior authorization $59,280.00 budget (312 hours Letterly Env. & Land Plnng. Mgmt.) Billing rate $190.00 per hour; $100.00 per hour for travel Expenses reimbursed (estimated $1,000.00); limited to mileage, direct printing and copying charges, must receive prior approval for other expenses. Schedule 1. Facilitate meetings with existing Back Basin permit holders on compliance strategy 3-27-20 2. Reach concurrence with CDFW on reasonable fix to outstanding permit issues 4-30-20 3. Complete assessment of species and habitat conservation requirements 5-30-20 4. Finalize 770-acre plan including species and habitat requirements 6-12-20 5. Prepare Initial Outline of Back Basin Biological Compliance Program 8-14-20 6. City Council Review 8-25-20 7. Prepare Draft Back Basin Biological Compliance Program for team review 9-18-20 8. Revise Draft Back Basin Biological Compliance Program based on team comments 9-30-20 9. Prepare Final Back Basin Biological Compliance Program 11-20-20 10. City Council Review 12-08-20 DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 AGREEMENT FOR PROFESSIONAL SERVICES LETTERLY ENVIRONMENTAL & LAND PLANNING MANAGEMENT This Agreement for Professional Services (the "Agreement") is dated for identification purposes January 1, 2019, by and between the City of Lake Elsinore, a municipal corporation ("City") and Letterly Environmental & Land Planning Management, a California sole proprietorship ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: (i) environmental and project management services in connection with the Back Basin Biological Compliance (133) Program to address natural resource regulatory issues within the Back Basin and (ii) on-call environmental consulting services to review project specific documents to evaluate impacts to the Back Basin and consistency with the comprehensive B3 Program approach. B. Consultant has submitted to City a proposal for the Phase 1 Scope of the B3 Program attached hereto as Exhibit A ("Consultant's B3 Program Proposal") and a proposal for general on-call environmental consulting services attached hereto as Exhibit "B" (Consultant's On-Call Services Proposal) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. a. Consultant shall at all times faithfully, competently and to the best of his ability, experience, and talent, perform all services and related work contemplated pursuant to this Agreement consistent with Consultant's B3 Program Proposal (Exhibit A) and On-Call Services Proposal (Exhibit B), (collectively, "Consultant's Proposals"). Consultant shall provide such services at the time, place, and in the manner specified in Consultant's Proposals, subject to the direction of the City through its staff that it may provide from time to time. Consultant shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work. b. The services as provided herein are for the purposes of aiding the City in matters involving potential litigation in which the City may be a litigant. Accordingly, all correspondence, communications, reports and all other materials shall be transmitted or otherwise provided by Consultant solely and exclusively to the Office of the City Attorney as follows: Letterly Environmetnal&Land Planning Management Professional Services Agmt.2 Pagel DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 Barbara Leibold, City Attorney c/o Leibold McClendon & Mann 9841 Irvine Center Drive, Suite 230 Irvine, California 92618 barbara .cega.com 949-585-6300 ext 101 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the Consultant's Proposals. b. Performance Schedule.. Consultant shall immediately commence the services pursuant to this Agreement and shall perform all services within the time period(s) established in the Consultant's Proposals. C. Term. The term of this Agreement shall commence as of January 1, 2019 and shall continue until the services and related work set forth in Consultant's Proposals are completed, but in any event not later than December 31, 2020, unless sooner terminated pursuant to the provisions of this Agreement. 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants' Proposals. In no event shall Consultant's compensation exceed Twenty Four Thousand Five Hundred Dollars ($24,500) without additional written authorization from the City. Notwithstanding any provision of Consultant's Proposals to the contrary, out of pocket expenses shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Reserved. 6. Suspension or Termination. a. The City 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. If the City suspends Page 2 DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. Page 3 DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 8. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so, or such other mutually agreed upon location. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. 10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services Page 4 DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 13. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by (i) the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents which are in furtherance of or otherwise arise from the services and work described in Consultant's Proposals, (ii) acts for which they could be held strictly liable which are in furtherance of or otherwise arise from the services and work described in Consultant's Proposals, or (iii) the quality or character of their work as contemplated by this Agreement. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This Page 5 DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Consultant is a sole proprietor and is exempt from Worker's Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California as set forth in the Certificate of Exemption from Workers Compensation Insurance attached hereto as Exhibit C and incorporated herein by reference. Consultant shall require each subcontractor to maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees or, if exempt from such coverage, to submit to the City a Certificate of Exemption from Workers Compensation Insurance in substantially the form of Exhibit C. To the extent applicable, any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by subcontractors for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant's profession for protection against claims alleging negligent acts, errors or omissions Page 6 DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 which may arise from Consultant's services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Unless otherwise approved in writing by the City's risk manager, each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. Page 7 DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 (Fax) 951-674-2392 With a copy to: Leibold McClendon & Mann 9841 Irvine Center Drive, Suite 230 Irvine, CA 92618 Attn: Lake Elsinore City Attorney (Fax) 949-585-6305 barbaraC@cega.com If to Consultant: Letterly Environmental & Land Planning Management Attn: Steve Letterly 1278 Glenneyre St. $130 Laguna Beach, CA 92651-3103 sletterly(a)letterlymgmt.com 18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 19. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Except for conservation biologist services as specified in the Consultant's B3 Proposal, Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 21. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 22. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. Page 8 DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 23. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 24. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 25. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 26. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 28. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 29. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 30. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title Page 9 DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 8, Section 16000, 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. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" "CONSULTANT" CITY OF LAKE ELSINORE, a municipal LETTERLY ENVIRONMENTAL & LAND corporation PLANNING MANAGEMENT DocuSigned by: DocuSigned by: Gran a es, City Manager " Steve Letter y, Owner ATTEST: DocuSigned by: WWWWbeputy City Clerk APPROVED AS TO FORM: DocuSigned by: JjaV�iAro. (,t,i 6a ar ara eI old, City Attorney Attachments: Exhibit A— Consultant's B3 Program Proposal Exhibit B — On-Call Services Proposal Exhibit C - Certificate of Exemption From Workers' Compensation Insurance Page 10 DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 EXHIBIT A CONSULTANT'S B3 PROGRAM PROPOSAL [ATTACHED] EXHIBIT A DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 LETTERLY ENVIRONMENTAL & LAND PLANNING MANAGEMENT BACK BASIN BIOLOGICAL COMPLIANCE PROGRAM (133 PROGRAM) PHASE 1 SCOPE 13119 Revised 4 29 19 Overview The Phase 1 scope will produce a detailed implementation plan outline, including a schedule of target dates and staffing plan, for developing the "Back Basin Biological Compliance Program" ("B3 Program"). The B3 Program will address all natural resource regulatory issues within the Back Basin. The B3 Program is intended to both: • resolve any pending issues or dissatisfaction among the "Resources Agencies" with prior mitigation projects previously mandated within the Back Basin pursuant to the Lake Management Plan USACE Section 404 Permit (LMP Section 404 Permit); the Lake Management Plan CDFW Streambed Alteration Agreement (LMP SAA); and state and federal Resources Agencies' permits for all public and private development projects in the Back Basin. • streamline compliance of future development projects proposed under the East Lake Specific Plan (ELSP) with permitting requirements of all Resources Agencies that may have jurisdiction to issue permits for developments and/or accept mitigation projects within the Back Basin, including particularly: o CDFW under the Streambed Alteration Agreement provisions of the Cal. Fish and Game Code; as well as o USACE under Section 404 of the Clean Water Act,; o USFWS and CDFW under the MSHCP; o RCA under the 770-acre Plan; and o The Santa Ana RWQCB, either in connection with the existing 401 Certification or pursuant to new regulations proposed by the State Water Resources Control Board that will mandate a statewide permitting program for discharges of dredge and fill to "waters of the state," as will be defined in the future and which may include some or all of the back basin area. LETTERLY ENVIRONMENTAL & LAND PLANNING MANAGEMENT Page 1 56842788.v1 DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 Development of 133 Program Detailed Implementation Plan Outline The detailed implementation plan outline produced under Phase 1 will set the framework for developing the B3 Program, and establish the path and activities necessary to achieve all the following objectives: 1. Obtain agreement of all Resources Agencies to a single B3 Program. The B3 Program is envisioned primarily as a phased mitigation land and/or a mitigation bank or in-lieu fee type of program, but would also address compliance with flood capacity related conditions, as necessary to identify, and implement enhancement, ongoing management and additional conservation of back basin mitigation lands required to attain and constituting: • full and complete satisfaction of all prior mitigation commitments under the Lake Management Plan Permits; • full and complete satisfaction of all prior individual development project mitigation commitments, including those issued for the Summerly development; • mitigation for all impacts of all future development projects proposed in substantial compliance with the East Lake Specific Plan Amendment No. 11 (ELSP) and the B3 Program to any environmental or biological resources, and/or to flood capacity and flood control improvements within the Back Basin. • full and complete satisfaction of MSHCP requirements and the City's MSHCP 770-acre Open Space Plan. 2. Obtain issuance from each of the Resources Agencies of a general permit or similar instrument, allowing for permit coverage of future project-specific development activities within the back basin,' and commencement of future project construction, on a streamlined basis and in accordance with specific time periods, upon: • submission by the developer of a "Substantial Compliance Demonstration" showing development plans in substantial compliance with the ELSP and implementation of the developer's fair share land and/or fee contribution to a Back Basin Wide preserved mitigation area totaling approximately 770 acres via developer land and/or fee dedication obligations specified in the B3 Program; and • subsequent issuance by each of the Resources Agencies with jurisdiction of a "Substantial Compliance Determination" authorizing development pursuant to the Resources Agency issued General Permit. 3. Create a B3 Program with streamlined timeframes for processing development clearances under the Back Basin General Permits: Developers would only be required to submit ' While the implementation plan will focus on the B3 Program for the back basin, opportunities for broadening the program to encompass other lake shore areas that may arise during implementation, will be considered by the City's team and pursued if advantageous, on balance, to the City's future build out. LETTERLY ENVIRONMENTAL & LAND PLANNING MANAGEMENT Page 2 56842788.v1 DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 Substantial Compliance Demonstration documents to single point of contact, such as the RCA, and would receive, within certain specified time periods, concrete feedback, and ultimately clearances and coverage of proposed development under the Back Basin General Permits from the Resources Agencies. 4. Outline the B3 Program management framework for establishing an ongoing conservation program that includes the following: A. a Definition over time of 770 acres of back basin mitigation lands, which will be defined in a manner that builds upon lands already dedicated as mitigation, and considers the back basin areas most likely to serve as mitigation in light of the goals, objectives and requirements of the ELSP; B. A mechanism to provide for ultimate assemblage, management and conservation in perpetuity of 770-acres of biologically valuable and desirable mitigation land; C. A mechanism for the collection of funds for ongoing enhancement and management, of those lands; CD A mechanism for the collection of funds for further enhancement of prior mitigation areas already dedicated within the back basin as necessary to reasonably"fix" such mitigation in the eyes of the agencies (regardless of the rational basis for the agencies dissatisfaction); and 5. Outline steps that might be taken to identify grant funding and other sources or methods for funding the development and implementation of the B3 Program that might be pursued by the City Phase 1 Work Product 1. Development of the first draft of a detailed B3 Program implementation outline, including a schedule of target dates and staffing plan. 2. Engage in up to 2 meetings with City staff, City attorney and special counsel to consider the first draft of the implementation outline. 3. Prepare the final draft of the detailed B3 Program implementation outline. 4. Present the final draft of the detailed B2 Program implementation outline to City Council as directed by Staff and the City attorney. LETTERLY ENVIRONMENTAL & LAND PLANNING MANAGEMENT Page 3 56842788.v1 DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 Budget Initial not to exceed without prior authorization $16,500.00 budget (60 hours Letterly Env. & Land Plnng. Mgmt., $4,500 consulting conservation biologist, plus expenses). Billing rate $190.00 per hour; $100.00 per hour for travel Expenses reimbursed (estimated $600.00); limited to mileage, direct printing and copying charges, must receive prior approval for other expenses. Schedule 1. Prepare Draft Back Basin Conservation Lands Assessment for team review 5-24-19 2. Finalize Back Basin Conservation Lands Assessment 6-04-19 3. City Council Review 6-11-19 4. Prepare Initial Outline of Back Basin Biological Compliance Program 6-28-19 5. Prepare Draft Back Basin Biological Compliance Program for team review 7- 26-19 6. Revise Draft Back Basin Biological Compliance Program based on team comments 8-09-19 7. Prepare Final Back Basin Biological Compliance Program 8-30-19 8. City Council Review 9-10-19 LETTERLY ENVIRONMENTAL & LAND PLANNING MANAGEMENT Page 4 56842788.v1 DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 EXHIBIT B CONSULTANT'S ON CALL SERVICES PROPOSAL [ATTACHED] EXHIBIT B DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 LETTERLY ENVIRONMENTAL & LAND PLANNING MANAGEMENT BACK BASIN and REGULATORY COMPLIANCE ON-CALL SERVICES SCOPE 4 29 19 Overview On-call services will be provided as directed by city staff for natural resource regulatory issues within the Back Basin. • assist with pending issues and coordination with state and federal Resources Agencies' activities related to Back Basin compliance • assist with city compliance review of development projects permitting requirements of all Resources Agencies that may have jurisdiction to issue permits for developments and/or accept mitigation projects within the Back Basin, including particularly: o CDFW under the Streambed Alteration Agreement provisions of the Cal. Fish and Game Code; as well as o USACE under Section 404 of the Clean Water Act, o USFWS and CDFW under the MSHCP; o RCA under the 770-acre Plan; and o The Santa Ana RWQCB • provide coordination with other city activities that interact with pending Back Basin compliance Budget Initial not to exceed without prior authorization $8,000.00 budget. Billing rate $190.00 per hour; $100.00 per hour for travel Expenses reimbursed; limited to mileage, direct printing and copying charges, must receive prior approval for other expenses. LETTERLY ENVIRONMENTAL & LAND PLANNING MANAGEMENT DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 EXHIBIT C CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California loth May Laguna Beach Executed on this day of , 2019 at , California. L cuSigned by: 853� onsultant EXHIBIT C DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 ACo CERTIFICATE OF LIABILITY INSURANCE DATE /DD/YYYY) 05/0909/2019 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 have ADDITIONAL INSURED provisions or 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 CONTACT Dina McPherson NAME: Community Association Insurance Solutions,LLC A/CONNo Ext: (916)939-9960 ACC,No: (916)939-9961 5045 Robert J Mathews Pkwy E-MAIL dina@mgalive.com ADDRESS: Ste 100 INSURER(S)AFFORDING COVERAGE NAIC# El Dorado Hills CA 95762 INSURERA: Colony 39993 INSURED INSURER B: Letterly Environmental&Land Planning Mangement INSURER C: INSURER D: 1278 Glenneyre Street,#130 INSURER E: Laguna Beach CA 92651-3103 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1942303995 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 ADDLSUBR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE CLAIMS-MADE OCCUR PREM SESOEa oNcE ence $ 100,000 MED EXP(Any one person) $ 5,000 A PACEP304448 01/20/2019 01/20/2020 PERSONAL&ADV INJURY $ 2,000,000 GEN-LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability A Wrongful Act $2,000,000 PACEP304448 01/20/2019 01/20/2020 Each Wron Claims Made g Deductible $2,500 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) `30 days cancellation will be given.However,10 days notice will be given for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Lake Elsinore ACCORDANCE WITH THE POLICY PROVISIONS. 130 S.Main Street AUTHORIZED REPRESENTATIVE Lake Elsinore CA 92530u �3aY` ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 WAllstate. You're in good hands. Information as of November 21,2018 Gary JJolliff Policyholder(s) Page 1 of 2 LagunaBeach St Steven Edward Letterl Jeffrey Hobson Lagua Beach CA 92651 y y Policv number 024 478 628 Your Allstate agency is Gary J Jolliff I�'ll�l�ll'I.'I�II�I"I�I' III'II'IIIII'�I�I�I�'lll����l�'I�II�II (949)497-1861 GaryJolliff@allstate.com STEVEN EDWARD LETTERLY JEFFREY HOBSON 365 FLORA ST LAGUNA BEACH CA 92651-3217 Thank you for being a loyal Allstate customer—we're happy to have you with us! Here's your automobile insurance renewal offer for the next six months. I've also included a guide to what's in this package and answers to some common questions. Renewing your policy is easy Keep an eye out for your bill,which should arrive in a couple weeks.Just send your payment by the due date on your bill. If you're enrolled in the Allstate® Easy Pay Plan,you won't receive a bill—we'll send you a statement with your payment withdrawal schedule. How to contact us Give me a call at(949)497-1861 if you have any questions. It's my job to make sure you're in good hands. (ed.2) Sincerely, Gary J Jolliff Agent License Number: Your Allstate Agent 0723270 RA719-1 DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 Policy number: 1024478 628 Page 2 of 2 Policy effective date: January 14,2019 Your Insurance Coverage Checklist We're happy to have you as an Allstate customer!This checklist outlines what's in this package and provides answers to some basic questions,as well as any"next steps"you may need to take. ❑ What's in this package? ❑ What about my bill? See the guide below for the documents that are included. Unless you've already paid your premium in full,we'll send Next steps: review your Policy Declarations to confirm you your bill separately. Next steps:please pay the minimum have the coverages,coverage limits,premiums and amount by the due date listed on it. savings that you requested and expected. Read any You can also pay your bill online at allstate.com or by Endorsements or Important Notices to learn about new calling 1-800-ALLSTATE(1-800-255-7828). Para policy changes,topics of special interest,as well as espanol, Ilamar al 1-800-979-4285. If you're enrolled in required communications. Keep all of these documents the Allstate® Easy Pay Plan,we'll send you a statement with your other important insurance papers. detailing your payment withdrawal schedule. ❑ Am I getting all the discounts I should? Confirm with your Allstate Agent that you're benefiting ❑ What if I have questions? from all the discounts you're eligible to receive. You can either contact your Allstate Agent or call us 24/7 at 1-800-ALLSTATE(1-800-255-7828)-para espanol, Ilamar al 1-800-979-4285-with questions about your coverage,or to update your coverages,limits,or deductibles.Or visit us online at allstate.com. A guide to your renewal package ..-. .. (P I!s,qle made simple 77 Proof of Policy Important Insurance Made Insurance Declarations* Notices Simple roo ID Cards The Policy We use these Insurance seem NID Your insurance Declarations notices to call complicated? g cards are legally lists policy attention to Our online o required,so details,such as particularly guides explain please keep your specific important coverage terms g them in your drivers,vehicles coverages,policy and features: 01 vehicle at all and coverages. changes and www•allstate.com/ o times. discounts. madesimole 2 Esl2anol.allstate.com /facildeentender o O 0 *To make it easier to see where you may have gaps in your protection,we've highlighted any coverages you do not have U in the Coverage Detail section in the enclosed Policy Declarations. N N 10 1 O O O D O 0 O 0 Q O N O O N 00 N O X DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 Policy number: 1024478 628 Policy effective date: January 14,2019 WAllstate. You're in good hands. Important Privacy Choices For Consumers You have the right to control whether we share some of your personal information. Please read the following information carefully before you make your choices below. Your Rights You have the following rights to restrict the sharing of personal and financial information with our affiliates (companies we own or control)and outside companies that we do business with. Nothing in this form prohibits the sharing of information necessary for us to follow the law,as permitted by law,or to give you the best service on your accounts with us.This includes sending you information about some other products or services. Your Choices Restrict Information Sharing With Companies We Own or Control(Affiliates): Unless you say"No,"we may share personal and financial information about you with our affiliated companies. ❑ NO,please do not share personal and financial information with your affiliated companies. Restrict Information Sharing With Other Companies We Do Business With To Provide Financial Products And Services: Unless you say"No,"we may share personal and financial information about you with outside companies we contract with to provide financial products and services to you. ❑ NO,please do not share personal and financial information with outside companies you contract with to provide financial products and services. Time Sensitive Reply You may make your privacy choice(s)at any time.Your choice(s)marked here will remain unless you state otherwise. However,if we do not hear from you we may share some of your information with affiliated companies and other companies with whom we have contracts to provide products and services. Name: Steven Edward Letterly Jeffrey Hobson ACCOUNT OR POLICY NUMBER(S):024 478 628 Signature: To exercise your choices do one of the following: (1) Call our toll-free number 1-800-856-2518; (2) Fax our toll-free number 1-855-219-7425;or (3) Fill out,sign and send back this form to us using the envelope provided (you may want to make a copy for your records). X73499 DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 00 r- v N O 0 O O N O O 0 O 0 O O M 0 O M O N N W O O O u u N X N N 0 � O O O O O 0 O CS Q O N O O N� N O X DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 Policy number: 1024478 628 Policy effective date: January 14,2019 WAllstate. You're in good hands. Privacy Policy Statement In addition,Allstate and its business partners gather information through Internet activity,which may include,for Thank you for choosing Allstate.We value you,respect your example,your operating system, links you used to visit privacy and work hard to protect your personal information. allstate.com,web pages you viewed while visiting our site or applications, Internet Protocol (IP)addresses,and cookies.We This statement is provided on behalf of Allstate Insurance use cookies,analytics and other technologies to help: Company and the affiliates("Allstate") listed at the end of this notice.We would like to explain how we collect,use and share • Evaluate our marketing campaigns the information we obtain about you in the course of doing • Analyze how customers use our website and applications business. • Develop new services • Know how many visitors have seen or clicked on our ads Our Privacy Assurance • We do not sell your personal or medical information to Also,our business partners assist us with monitoring anyone information including,but not limited to, IP addresses,domain anyo • We not share your information with non-affiliate names and browser data,which can help us to better companies that would use it to contact you about their understand how visitors use allstate.com. own products and services,unless permitted pursuant to a How We Use and Share Your Personal Information joint marketing agreement. In the course of normal business activities,we use and share • We require persons or organizations that represent or your personal information.We may provide your information assist us in servicing your policy and claims to keep your to persons or organizations within and outside of Allstate.This information confidential. would be done as required or permitted by law. For example, • We require our employees to protect your personal we may do this to: information and keep it confidential. • Fulfill a transaction you requested or service your policy As you can see,protecting your personal information is • Market our products important to us. In addition to the practices described above, • Handle your claim we use a variety of physical,technical and administrative • Prevent fraud security measures that help to safeguard your information. For • Comply with requests from regulatory and law Social Security Numbers(SSN),this includes restricting access enforcement authorities to our employees,agents and others who use your SSN only as • Participate in insurance support organizations permitted by law:to comply with the law,to provide you with The persons or organizations with whom we may share your products and services,and to handle your claims.Also,our personal information may include,among others: employees'and agents'access to and use of your SSN are . Your agent,broker or Allstate-affiliated companies limited by the law,our policies and standards,and our written • Companies that perform services,such as marketing, agreements. credit card processing,and performing communication Our privacy practices continue to apply to your information services on our behalf even if you cease to be an Allstate customer. • Business partners that assist us with tracking how visitors use allstate.com. What Personal Information Do We Have and Where o Other financial institutions with whom we have a joint Do We Get It marketing agreement We gather personal information from you and from outside • Other insurance companies that play a role in an insurance sources for business purposes. Some examples of the transaction with you information we collect from you may include your name, phone • Independent claims adjusters number,home and e-mail addresses,driver's license number, • A business or businesses that conduct actuarial or social security number,marital status,family member research studies information and healthcare information.Also,we maintain • Those who request information pursuant to a subpoena or records that include,but are not limited to,policy coverages, court order premiums,and payment history.We also collect information • Repair shops and recommended claims vendors from outside sources that may include,but is not limited to, The Internet and Your Information Security your driving record,claims history, medical information and credit information. We use cookies,analytics and other technologies to help us provide users with better service and a more customized web a DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 Policy number: 1024478 628 Policy effective date: January 14,2019 experience.Additionally,our business partners use tracking you previously opted to limit some sharing of your personal services,analytics and other technologies to monitor visits to information. Please keep in mind that regardless of your allstate.com.The website may also use Web beacons(also choices,Allstate may share your personal information with its called"clear GIFs"or"pixel tags") in conjunction with cookies. affiliates,outside companies and other entities to comply with If you prefer,you can choose to not accept cookies by changing the law,provide you with the best service on your Allstate the settings on your web browser.Also,if you would like to accounts,or as otherwise permitted by law. learn about how we gather and protect your information over the Internet,please see our online privacy statement located at We Appreciate Your Business the bottom of the allstate.com homepage. Thank you for choosing Allstate.We understand your concerns about privacy and confidentiality,and we hope this notice has To learn more,the allstate.com Privacy Statement provides been helpful to you.We value our relationship with you and information relating to your use of the web site. look forward to keeping you in Good Hands®. This includes,for example,information regarding: If you have questions or would like more information, please 1) how we collect information such as IP address(the don't hesitate to contact your Allstate agent or call the Allstate number assigned to your computer when you use the Customer Information Center at 1-800-ALLSTATE. Internet), browser and platform types,domain names, access times,referral data,and your activity while using We reserve the right to change our Privacy practices, our site; procedures,and terms. 2) who should use our web site; 3) the security of information over the Internet;and Allstate Insurance Company 4) links and co-branded sites. Allstate affiliates to which this notice applies: Allstate County How You Can Review and Correct Your Personal Mutual Insurance Company,Allstate Finance Company, Information Allstate Financial Services, LLC USA Securities in LA and PA), You can request to review your personal information contained Allstate Fire and Casualty Insurance Company,Allstate in our records at any time.To do this,please send a letter to Indemnity Company,Allstate Investment Management the address below requesting to see your information for the Company,Allstate Life Insurance Company,Allstate Life previous two years. If you believe that our information is Insurance Company of New York,Allstate Motor Club, Inc., incomplete or inaccurate,you can request that we correct it. Allstate New Jersey Insurance Company,Allstate New Jersey Please note we may not be able to provide information relating Property and Casualty Insurance Company,Allstate to investigations,claims, litigation,and other matters.We will Northbrook Indemnity Company,Allstate Property and be happy to make corrections whenever possible. Casualty Insurance Company,Allstate Texas Lloyd's,Allstate Texas Lloyd's, Inc.,Allstate Vehicle and Property Insurance Please send requests to: Company, Deerbrook General Agency, Inc., Deerbrook Allstate Insurance Company Customer Privacy Inquiries Insurance Company, Lincoln Benefit Life Company, North Light PO Box 660598 Specialty Insurance Company. Dallas,TX 75266-0598 Please Note:Allstate affiliates American Heritage Life Sharing Personal Information: Privacy Choices for Insurance Company,Castle Key Insurance Company and California Customers Castle Key Indemnity Company participate in information CO Unless you request otherwise,we may share your personal sharing with the affiliates listed above,but have a separate information with one or more Allstate affiliates.We may do privacy notice for their customers. o this for a number of reasons,including making you aware of the o (ed.2/11/2014) different products,services and offers they can provide. X73497-1 0 Similarly, unless you request otherwise,we may share your o personal information with outside companies with which we01 have a written agreement to jointly offer you products and o services that we believe may be of interest to you. You have the right to limit some sharing of your personal o information by reviewing and completing an"Important Privacy a Choices for Consumers"form.We've enclosed this form unless N x N N 0 � O �O O D O O�Q O O O r4 N�O X DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 Thank you for choosing Allstate Allstate You're in good hands. Proof of Insurance Card Page 1 of 2 For your convenience,two insurance cards have been included for each vehicle.State law requires that one of these cards be kept in each vehicle. Please place them in your vehicles by the effective date. A l l state. A l l state. a You're in good hands. You're in good hands. o Please use the printed Insurance Cards below. Please use the printed Insurance Cards below. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- A l l state Allstate. You're in good hands. You're in good hands. Please use the printed Insurance Cards below. Please use the printed Insurance Cards below. ..._......_......_...............................................................................................<......_......_..............------------------------------------------------------------------------------------. California Proof of Allstate California Proof of A I I state Auto Insurance Card You're in good hands. Auto Insurance Card You're in good hands. Allstate Northbrook Indemnity Company NAIL#36455 Allstate Northbrook Indemnity Company NAIL#36455 PO Box 660598,Dallas,TX 75266-0598 PO Box 660598,Dallas,TX 75266-0598 Steven Edward Letterly Steven Edward Letterly Jeffrey Hobson Jeffrey Hobson 365 Flora 365 Flora Laguna Beach CA 92651 3217 Laguna Beach CA 92651-3217 This policy meets the requirements of the applicable California financial This policy meets the requirements of the applicable California financial responsibility law(s). responsibility law(s). POLICY NUMBER YEAR/MAKE/MODEL POLICY NUMBER YEAR/MAKE/MODEL 024 478 628 2015 Lexus Hx200T i 024 478 628 2015 Lexus Hx200T EFFECTIVE DATE VEHICLE ID NUMBER EFFECTIVE DATE VEHICLE ID NUMBER 01/14/19 JTJYARBZ9F2012898 01/14/19 1TJYARBZ9F2012898 EXPIRATION DATE EXPIRATION DATE 07/14/19 07/14/19 This card must be carried in the vehicle at all times as evidence of insurance. This card must be carried in the vehicle at all times as evidence of insurance. ....................................................................................................................i-................................................................................................................... California Proof of Allstate California Proof of Allstate. Auto Insurance Card Auto Insurance Card You're in good hands. You're in good hands. Allstate Northbrook Indemnity Company NAIL#36455 Allstate Northbrook Indemnity Company NAIL#36455 PO Box 660598,Dallas,TX 75266-0598 PO Box 660598,Dallas,TX 75266-0598 Steven Edward Letterly i Steven Edward Letterly Jeffrey Hobson Jeffrey Hobson 365 Flora i 365 Flora Laguna Beach CA 92651-3217 Laguna Beach CA 92651-3217 This policy meets the requirements of the applicable California financial This policy meets the requirements of the applicable California financial responsibility law(s). responsibility law(s). POLICY NUMBER YEAR/MAKE/MODEL POLICY NUMBER YEAR/MAKE/MODEL 024 478 628 2006 Mercedes-B C230 i 024 478 628 2006 Mercedes-B C230 EFFECTIVE DATE VEHICLE ID NUMBER EFFECTIVE DATE VEHICLE ID NUMBER 01/14/19 WDBRF52H46A910337 01/14/19 WDBRF52H46A910337 EXPIRATION DATE EXPIRATION DATE 07/14/19 07/14/19 This card must be carried in the vehicle at all times as evidence of insurance. This card must be carried in the vehicle at all times as evidence of insurance. DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 Policy number: 1024478 628 Page 2 of 2 Policy effective date: January 14,2019 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Please use the printed Insurance Cards below. Please use the printed Insurance Cards below. -------------------------------------------------------------------------------------------------------------------<.................................----....--------------------------------------------------------------------------- Please use the printed Insurance Cards below. Please use the printed Insurance Cards below. _......_......_......_......_.............................................................................._..I...._......_.............._......_......_...................................................------------------. If you have an accident or loss: If you have an accident or loss: Get medical attention if needed. - Get medical attention if needed. Notify the police immediately. - Notify the police immediately. Obtain names,addresses,phone numbers(work&home)and - Obtain names,addresses,phone numbers(work&home)and license plate numbers of all persons involved,including license plate numbers of all persons involved,including passengers and witnesses. passengers and witnesses. Call 1-800-ALLSTATE(1-800-255-7828), Call 1-800-ALLSTATE(1-800-255-7828), N logon to allstate.com or contact your Allstate agent logon to allstate.com or contact your Allstate agent o as soon as possible. as soon as possible. o Gary J Jolliff Gary J Jolliff o (949)497-1861 (949)497-1861 1475 Glenneyre St 1475 Glenneyre St o Laguna Beach,CA 92651 Laguna Beach,CA 92651 0 0 rn 0 If you have an accident or loss: If you have an accident or loss: Get medical attention if needed. - Get medical attention if needed. o . Notify the police immediately. - Notify the police immediately. Obtain names,addresses,phone numbers(work&home)and - Obtain names,addresses,phone numbers(work&home)and N license plate numbers of all persons involved,including license plate numbers of all persons involved,including N passengers and witnesses. passengers and witnesses. 0 0 Call 1-800-ALLSTATE(1-800-255-7828), Call 1-800-ALLSTATE(1-800-255-7828), 0 o a logon to allstate.com or contact your Allstate agent logon to allstate.com or contact your Allstate agent o N o as soon as possible. as soon as possible. o Gary J Jolliff Gary 1 Jolliff x - (949)497-1861 (949)497-1861 1475 Glenneyre St 1475 Glenneyre St Laguna Beach,CA 92651 Laguna Beach,CA 92651 DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 Renewal auto policy declarations WAllstate. Your policy effective date is January 14,2019 You're in good hands. Page 1 of 5 Information as of November 21,2018 Total Amount Due for the Policy Period Please review your insured vehicles and verify their VINs are correct. Summary Vehicles covered Identification Number(VIN) Premium Named Insured(s) 2006 Mercedes-B C230 WDBRF52H46A910337 $446.53 Steven Edward Letterly Jeffrey Hobson 2015 Lexus Nx200T JTJYARBZ9F2012898 428.74 Mailing address California Fraud Assessment Fee 1.76 365 Flora Additional coverages 15.00 Laguna Beach CA 92651-3217 Total* Z$89"2.03 Policy number 024 478 628 *Your bill will be mailed separately.Before making a payment,please refer to your Your policy provided by latest bill,which includes payment options and installment fee information.If you do Allstate Northbrook Indemnity not pay in full,you will be charged an installment fee(s). Company See the Important payment and coverage information section for details about Policy period installment fees. Beginning January 14,2019 through July 14,2019 at 12:01 a.m.standard time Your Allstate agency is Discounts (included in your total premium) Gary J Jolliff Anti-theft $1.59 Good Driver(20%) $201.11 1475 Glenneyre St Multiple Policy $39.40 Distinguished $90.61 Laguna Beach CA 92651 Driver (949)497-1861 GaryJolliff@al Istate.com Total discounts $332.71 Some or all of the information on your Policy Declarations is used in the rating Discounts per vehicle of your policy or it could affect your eligibility for certain coverages.Please 2006 Mercedes-B C230 $113,02 notify us immediately if you believe that Anti-theft $.79 Good Driver(20%) $93.93 any information on your Policy Multiple Policy $18.30 Declarations is incorrect.We will make 2015 Lexus Nx200T $219,69 corrections once you have notified us, Anti-theft $.80 Good Driver(20%) $107.18 and any resulting rate adjustments,will Multiple Policy $21.10 Distinguished $90.61 be made only for the current policy Driver period or for future policy periods. Please also notify us immediately if you believe any coverages are not listed or Listed drivers on your policy are inaccurately listed. Steven Letterly Jeffrey Hobson Excluded drivers from your policy None 0 m 0 0 U DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 Renewal auto policy declarations Page 2 of 5 Policy number: 1024478 628 Policy effective date: January 14,2019 Coverage detail for 2006 Mercedes-B C230 Coverage Limits Deductible Premium Automobile Liability Insurance Not applicable $244.55 +� Bodily Injury $250,000 each person $500,000 each occurrence W Property Damage $100,000 each occurrence Auto Collision Insurance Actual cash value $250 $133.14 Waiver of deductible applies Auto Comprehensive Insurance Actual cash value $100 $15.04 G' Rental Reimbursement up to$30 per day for a maximum of 30 Not applicable $23.31 days z Towing and Labor Costs $50 each disablement Not applicable $2.28 Uninsured Motorists Insurance for Bodily $30,000 each person Not applicable $19.39 Injury $60,000 each accident G� Automobile Medical Payments Not purchased* Coordinated Medical Protection $5,000 each person See note below $8.82 Lease/Loan Gap Not purchased* Repair or Replacement Cost Option Not purchased* Sound System Not purchased* (continued) 0 m 0 0 0 a u rn v N O 0 O O 01 O O 0 O O 01 0 O M N W O O O a u N X N N 0 � O O O D O O�Q O O O r4 N�O X DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 Renewal auto policy declarations Policy number: 1024478 628 Page 3 of 5 WAllstate. Policy effective date: January 14,2019 You're in good hands. Coverage Limits Deductible Premium Tape Not purchased* Total premium for 2006 Mercedes-B C230 $446.53 *This coverage can provide you with valuable protection. To help you stay current with your insurance needs,contact your Allstate agent to discuss coverage options and other products and services that can help protect you. Note: Coordinated Medical Protection is excess over other medical insurance.A deductible of$2,000 per person will apply to you or a resident relative not covered by a primary medical plan. VIN WDBRF52H46A910337 Rating information Your premium is determined based on certain information, including the following: • This vehicle is driven for pleasure,married male licensed 39 years. Allstate uses mileage information as one factor to help determine your premium amount. Important Note:The annual mileage figure applicable to this vehicle for the expiring policy period was:3,000-3,499.The annual mileage figure applicable to this vehicle for the current policy period is:2,000-2,499. The following odometer information was used to determine your annual mileage for current policy period: Odometer Reading:120,553 Odometer Reading:123,077 Date:09/23/2017 Date:09/28/2018 If any of the information shown above is incorrect,missing or changes in the future,please contact your Allstate representative.Please keep in mind that a change in any of the information may result in an adjustment to your premium. Coverage detail for 2015 Lexus Nx200T Coverage Limits Deductible Premium Automobile Liability Insurance Not applicable $187.34 Bodily Injury $250,000 each person $500,000 each occurrence Property Damage $100,000 each occurrence AM Auto Collision Insurance Actual cash value $250 $162.27 Waiver of deductible applies Clop Auto Comprehensive Insurance Actual cash value $100 $15.26 41) Rental Reimbursement up to$30 per day for a maximum of 30 Not applicable $23.31 days z Towing and Labor Costs $50 each disablement Not applicable $2.28 (continued) m 0 0 u DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 Renewal auto policy declarations Page 4 of 5 Policy number: 1024478 628 Policy effective date: January 14,2019 Coverage Limits Deductible Premium Uninsured Motorists Insurance for Bodily $30,000 each person Not applicable $29.53 Injury $60,000 each accident 6� Automobile Medical Payments Not purchased* Coordinated Medical Protection $5,000 each person See note below $8.75 Lease/Loan Gap Not purchased* Repair or Replacement Cost Option Not purchased* SSound System Not purchased* Tape Not purchased* Total premium for 2015 Lexus Nx200T $428.74 *This coverage can provide you with valuable protection. To help you stay current with your insurance needs,contact your Allstate agent to discuss coverage options and other products and services that can help protect you. Note: Coordinated Medical Protection is excess over other medical insurance.A deductible of$2,000 per person will apply to you or a resident relative not covered by a primary medical plan. VIN JTJYARBZ9F2012898 Lienholder Bank of America Na Rating information Your premium is determined based on certain information,including the following: - This vehicle is driven for business use,married male licensed 45 years. Allstate uses mileage information as one factor to help determine your premium amount. Important Note:The annual mileage figure applicable to this vehicle for the expiring policy period was:10,000-10,499.The annual mileage figure applicable to this vehicle for the current policy period is:8,000-8,499. The following odometer information was used to determine your annual mileage for current policy period: 0 0 0 Odometer Reading:30,164 Odometer Reading:38,629 Date:09/23/2017 Date:09/28/2018 If any of the information shown above is incorrect,missing or changes in the future,please contact your Allstate N representative.Please keep in mind that a change in any of the information may result in an adjustment to your premium. O 0 0 0 0 rn Additional coverage O 01 The following policy coverage is also provided. Coverage Limits Deductible Premium Automobile Death Indemnity Insurance Not purchased* Automobile Disability Income Protection Not purchased* o a (continued) N X N N 0 � O O O D O 0 0 0 Q O N 0 O P 00 N W O X DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 Renewal auto policy declarations Policy number: 1024478 628 Page 5 of 5 WAllstate. Policy effective date: January 14,2019 You're in good hands. Coverage Limits Deductible Premium Identity Theft Expenses $25,000 per premium period Not applicable $15.00 Total $15.00 *This coverage can provide you with valuable protection. To help you stay current with your insurance needs,contact your Allstate agent to discuss coverage options and other products and services that can help protect you. Your policy documents Your automobile policy consists of this Policy Declarations and the documents in the following list. Please keep these together. • Allstate Automobile Policy-AU104-3 • California Amendatory Endorsement-AU14629-2 • Amendment of Policy Provisions-AU14626-1 • Identity Theft Expenses-Coverage IT-AU14256 Important payment and coverage information Here is some additional, helpful information related to your coverage and paying your bill: ►Your rate is lower because you are insuring multiple cars. ►Your bill will be sent to you in a separate mailing and will list any payment option(s)available to you. If you are eligible to pay your premium in installments,your first bill will reflect your available payment options,including the option to pay in full or to pay in monthly installments. Please note that any amounts payable for the first renewal bill will not include an installment fee (unless you have an unpaid balance from a previous policy period,in which case the Minimum Amount Due will include an installment fee,or unless you are participating in the Allstate Easy Pay Plan).The following applies to installment payments made after your first renewal bill. If you decide to pay your premium in installments,there will be a$3.50 installment fee charge for each payment due. If you make 6 installment payments during the policy period,and do not change your payment plan method,then the total amount of installment fees during the policy period will be$21.00. If you are on the Allstate® Easy Pay Plan,there will be a$1.00 installment fee charge for each payment due. If you make 6 installment payments during the policy period,and remain on the Allstate® Easy Pay Plan,then the total amount of installment fees during the policy period will be$6.00. If you change payment plan methods or make additional payments,your installment fee charge for each payment due and the total amount of installment fees during the policy period may change or even increase. Please note that the Allstate® Easy Pay Plan allows you to have your insurance payments automatically deducted from your checking or savings account. Allstate Northbrook Indemnity Company's Secretary and President have signed this policy with legal authority at Northbrook, Illinois. VOa d4e4A Phil Telgenhoff Susan L. Lees President Secretary 0 m 0 0 u DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 Important notices Page 1 of 3 Policy number: 1024478 628 Policy effective date: January 14,2019 Reasons for Extension, Cancellation or However,please be aware that you still have options concerning coverage for damages to your insured auto that you Nonrenewal are legally entitled to recover from the owner or operator of an uninsured motor vehicle. California law requires Allstate to provide you with reasons why your policy may be extended,canceled or nonrenewed or The following options are available for each vehicle under your your premium increased. policy. Please see your Policy Declarations to determine your current coverages for each of your vehicles. Allstate may cancel or nonrenew your policy for one or more of the following reasons: • If your vehicle is insured for Auto Collision Insurance,we are offering a Waiver of your Collision Coverage • Nonpayment of premium; Deductible to apply when the vehicle is damaged in an • Fraud or material misrepresentation affecting the policy or accident caused by an uninsured motor vehicle. the insured;or • If your vehicle is not insured for Auto Collision Insurance • Substantial increase in the hazard we insure against. and is insured for Uninsured Motorists Insurance for bodily In addition,your policy may be nonrenewed or your premium injury,we are offering you the opportunity to extend your may be increased for any of the following reasons: Uninsured Motorists Insurance to cover property damage. • Accident involvement by an insured and whether the • You still have the option of rejecting either the Waiver of insured is at fault in the accident; Collision Coverage Deductible or Uninsured Motorists Insurance for property damage,or both coverages. • A change in,or addition of,an insured vehicle; • A change in,or addition of,an insured under the policy; If a vehicle insured under your policy is damaged by an uninsured motor vehicle and you are legally entitled to recover • A change in the location of garaging of an insured vehicle; damages,we will,depending on the coverage you purchase, • A change in the use of an insured vehicle; either: • Conviction for violating any provision of the Vehicle Code • Pay the collision deductible on the insured motor vehicle or Penal Code relating to the operation of a motor vehicle; when you have purchased collision coverage,or • The payment made by an insurer due to a claim filed by an • Pay for the damage to the insured motor vehicle when you insured or a third party; have not purchased collision coverage but have purchased • Any other reason that is lawful and not unfairly Uninsured Motorists Insurance for property damage. discriminatory. Payment shall not include damage to personal property or loss Accidents and convictions for violating any provision of the of use of a motor vehicle and shall not exceed the smaller of: Vehicle Code or Penal code relating to the operation of a motor • The amount of the collision deductible, vehicle that occur within the 36-month period ending on the . The actual cash value of the insured motor vehicle, effective date of the policy may lead to an increase of your • $3500. premium.You have the right to be informed,upon your request,of any increase in premium,in whole or in part, The law also permits you to reject these coverages completely. charged to you because of an accident or conviction. If you would like to purchase one of these coverages or make Under certain circumstances,if we fail to send your renewal any other changes concerning these coverage options,please offer at least 20 days prior to your renewal effective date or if call your Allstate Agent. o we fail to send your nonrenewal notice at least 30 days prior to If You Have a Problem with Your Insurance 0 the nonrenewal effective date,California law requires us to 0 extend your existing policy term for 30 days from the date the Please contact your Allstate representative if you have any o notice is mailed or delivered to you. questions or concerns about your insurance.If a problem o Other Uninsured Motorist Coverage Options arises that you and your Allstate representative are unable to 0 Your policy has been issued with the coverages and options resolve satisfactorily,please call or write to: M you requested. Please refer to the enclosed Policy Declarations Allstate Customer Service to verify that your policy has been issued according to your PO Box 660598,Dallas,TX 75266-0598 0 requests. 1-800-ALLSTATEsm(1-800-255-7828) N X N N 0 � O O O D O 0 O 0 Q O N O O N 00 N O X DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 Important notices Policy number: 1024478 628 Page 2 of 3 WAllstate. Policy effective date: January 14,2019 You're in good hands. If the problem remains unresolved,you may contact the periods may qualify for an even larger Distinguished Driver California Department of Insurance at: Discount amount. Consumer Services Division The Distinguished Driver Discount is applied on a per vehicle California Department of Insurance basis.Therefore, if a vehicle does not have an assigned 300 South Spring Street,Los Angeles,CA 90013 operator,the Distinguished Driver Discount will apply only if all Consumer Hotline: 1-800-927-4357 operators in the household qualify for the Distinguished Driver Website: Discount. http://www.insurance.ca.gov/01-consumers/101-help/index Multiple Policy Discount—You may qualify for a discount on .cfm most major auto coverages if you or your spouse or registered Please contact the Department of Insurance only if you have domestic partner are also the named insured on a qualifying been unable to satisfactorily resolve the problem with your Allstate Insurance Company Homeowners,Condominium Allstate representative and with Allstate. Owners,Mobile Home Owners,or Renters policy that covers X5126-4 the principal place of residence. If you or your spouse or registered domestic partner are the named insured on a qualifying Allstate individual life insurance policy or Allstate Allstate Has Discounts Available on Personal Umbrella Policy,you may qualify for a discount on Your Auto Premium most of your major auto coverages. Good Driver Discount—Depending on your driving experience We have several discounts available to our auto insurance and information in your driving record,such as the number of customers. For your information, here is a listing of our traffic violation convictions or accidents,you could be eligible discounts,including a brief description of each. (Certain rating for a 20%discount on your auto insurance premiums. information and any discounts that you're currently receiving Defensive Driver Discount—Drivers age 55 or older who are shown on the enclosed Policy Declarations.) provide proof of successful completion of a Mature Driver Specialized Professionals Discount—You may qualify for this Improvement Course approved by the California Department discount when either you or your spouse has a professional of Motor Vehicles may qualify for a 5%discount on some degree in one of the following occupations: coverages. In order to be eligible,the driver must have • Education or Library Sciences,which could include College voluntarily attended the course.This discount will be applied Professor,Counselor,Curator, Librarian, Principal,Teacher for three years after successful completion of the course; in • Science/Engineering/Information Technology,which order to continue to receive the discount after this three-year could include Administrator,Analyst,Architect,Computer period,the course must again be successfully completed and Programmer, Drafter,Engineer, Engineering or Information proof presented. Technology Supervisor,Manager, Researcher,Scientist Anti-Theft Device Discount—You may be eligible to receive a Distinguished Driver Discount—The Distinguished Driver discount on your comprehensive coverage if you have a Discount applies to most major auto coverages.To qualify,the qualifying anti-theft device installed on your car. rated operator on a vehicle must meet certain requirements, Occasional Operator Discount—You may be eligible to receive including those explained below: a discount on most major auto coverages if the rated operator • For the past three years,the rated operator must have on a vehicle has been licensed for less than nine years and has been licensed to drive a motor vehicle; 25%or less use of the vehicle. • The rated operator has had no traffic violation convictions Good Student Discount—You may be eligible to receive a for the past three years;and discount on most major auto coverages if you have an • The rated operator has remained accident-free for the unmarried driver on your policy who is a full-time student(high past five years,or has been less than 51%at fault in any school,college,or academic home study program)and meets accident that has occurred during the past five years and certain scholastic and other requirements. for which no claim payment was made. teenSMARTT'Discount—You may be eligible to receive a In addition,rated operators that have had no traffic violation discount on most major auto coverages if you have a rated convictions or accidents for even longer consecutive time operator who is single,has been licensed five years or less,and a DocuSign Envelope ID: B552A7A3-1AE6-4724-8AOE-BDOB07E437B3 Important notices Page 3 of 3 Policy number: 1024478 628 Policy effective date: January 14,2019 completes the teenSMARTTI program.The teenSMARTTI injured and treated by a provider who is a member of one of the program is a home study driver training program designed to participating networks,we may review their bills for covered help reduce the chances of your young driver being involved in medical services for re-pricing based on the approved rate for an accident.Successfully completing the program can earn a that provider's network. discount of up to 15%on most major coverages provided by You do not need to make a choice about these networks at this your auto policy. time. Please keep in mind that using a provider within a Other Rating Factors—In addition to the discounts described network should not be considered a confirmation that you have above,we offer a number of special rates that can lower your coverage.This notice is for informational purposes only. premium. For example,you may be eligible to receive a lower X73469 rate if your insured auto(model year 2000 or earlier) is on our list of"economy cars."Ask your Allstate Agent for details about our special rates. Notice of Right to Designate a Third The premium for your insurance policy is based on a variety of Party factors, including information you have given us. Factors that can affect your premium include,for example,annual mileage We want you to know that you have the right to designate one driven,years of licensed driving experience and driving record. additional individual to receive copies of any coverage It is important that you notify us if the information upon which termination notices that we may issue if you fail to pay the your premium is based is incorrect, incomplete,or changes,so required premium when due.You also have the right to replace that we may adjust your premium accordingly. the individual you previously designated or terminate the third This notice provides only a general description of the party designation entirely.This third party will not receive qualifications and conditions for the discounts and special copies of your regular billing statements or any other rates shown above. Other qualifications and conditions may documents for your policy. apply. For complete details on qualifications and conditions, How to start,change or end a third party how your premium is determined,or if you have any questions designation about the information in this notice, including whether you may To add,change or remove a third party simply contact your qualify for one or more discounts or special rates or whether Allstate Agent or representative to receive a copy of a Third your premium is accurate,please call your Allstate Agent. Party Designation form.After you return the form with the X5284-13 name and address of the designee or any changes you wish to make,we will process your request. Voluntary Provider Networks Additionally,we will notify you annually of your right to designate a third party. If you have already designated a third We want to let you know about a program that may be party and do not wish to make any changes,you do not need to available to you. do anything. If you,or anyone covered under your policy,is injured in a loss If you have questions covered under your auto policy,a Voluntary Provider Network Please contact your Allstate Agent or representative,or call us may be available to you.A Voluntary Provider Network at 1-800-ALLSTATE(1-800-255-7828) if you have any includes a variety of participating medical providers that can questions or would like more information. N 10 treat those injuries. X73598 O Voluntary Provider Networks maintain lists of their o participating providers. In the event that you experience a loss, G\ your claims representative can provide you with contact g information for any participating Allstate networks that may be 01 available in your state at that time. 0 You are under no obligation to use a medical provider who is a member of one of these networks,and you are free to seek o medical services from a provider of your choice.There is no penalty if you choose a provider outside the network. If you are X N N 0 � O O O D O 0 O 0 Q O N O O N 00 N O X