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Briscoe Economics Group Inc; 2020-03-20;
City Attorney Approved Version 9/27/16 1 AMENDMENT NO. 2 TO AGREEMENT FOR ECONOMICS SERVICES BRISCOE ECONOMICS GROUP This Amendment No. 2 is entered into and effective as of the ______ day of ______________________________, 20___, amending the agreement dated March 20, 2020 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Briscoe Economics Group, Inc., (“Contractor") (collectively, the “Parties”) for economics consulting and Fair Labor Standards Act compliance professional services. RECITALS A. Under the initial Agreement, the Contractor was to provide economics consulting and Fair Labor Standards Act compliance professional services (Services) at the hourly rate of $275 in amount not to exceed $62,000. B. Under Amendment No. 1 to the Agreement, the Contractor was to provide additional Services at the hourly rate of $275 in amount not to exceed $32,000. The parties mistakenly indicated in Amendment No. 1 that the additional Services would increase the Agreement’s not to exceed amount to $100,000, when the additional Services actually increased the not to exceed amount to $94,000. C. The parties desire to further amend the Agreement to include additional Services at the hourly rate of $275. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Contractor will provide additional Services for the project described in Exhibit A of the Agreement on a time and materials basis in an amount not to exceed $6,000. With this Amendment No. 2, the total annual Agreement amount shall not exceed $100,000. 2. Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// /// DocuSign Envelope ID: 2088B176-927D-4C9D-80C1-FA79B0677271 November 18th 20 City Attorney Approved Version 9/27/16 2 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) City Attorney Nick Briscoe, President & Secretary (print name/title) ATTEST: By: (sign here) BARBARA ENGLESON City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 2088B176-927D-4C9D-80C1-FA79B0677271 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 11/05/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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 THISCERTIFICATE 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY J.D. Allman, Inc. dba Total HR Insurance Services 1730 I Street, Suite 240 Sacramento, CA 95811 wcpolicysupport@omegacomp.com 1,000,0001,000,000 1,000,000 X Sequoia Insurance Company 22985 Briscoe Economics Group, Inc 1520 E. Covell Blvd. Suite B5 #264 Davis, CA 95616 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 A QWC1101573 01/20/2020 01/20/2021 Iona Trotter 916-266-4370 All California Operations DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tothe 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). CONTACTPRODUCERNAME:FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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. ADDL SUBRINSR POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITSPOLICY NUMBERLTR (MM/DD/YYYY) (MM/DD/YYYY)INSD WVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT $OTHER:COMBINED SINGLE LIMITAUTOMOBILE LIABILITY $(Ea accident) BODILY INJURY (Per person) $ANY AUTOALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOSNON-OWNED PROPERTY DAMAGE $HIRED AUTOS (Per accident)AUTOS $ UMBRELLA LIAB EACH OCCURRENCE $OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE $ $DED RETENTION $PER OTH-WORKERS COMPENSATION STATUTE ERAND EMPLOYERS' LIABILITY Y / NANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $N / AOFFICER/MEMBER EXCLUDED?(Mandatory in NH)E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2014/01) BRIS000 OP ID: S1 11/05/2020 P&C - Direct BusinessProfessional ServicesMiniCo INS Agency LLC10851N Black Canyon Hwy Ste200Phoenix, AZ 85029JGSC - P & C 800.528.1056 602.760.3057 Beazley Ins Co Inc. Briscoe Economics Group, Inc.Nick Briscoe1520 E. Covell Blvd Ste B5#264Davis, CA 95616 A Misc Prof Liab V11DC220PNPM 09/02/2020 09/02/2021 Per Claim 1,000,000 Aggregate 1,000,000 Deductible: $5,000 CITY102 City of Carlsbad1635 Faraday AvenueCarlsbad, CA 92008 ACORD CERTIFICATE OF LIABILITY INSURANCE 11/08/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Newfront Insurance Services, LLC 55 2nd Street Floor 18 San Francisco, CA 94105 CONTACT NAME:Brett Lantz PHONE (A/C,No,Ext): FAX (A/C,No): EMAIL ADDRESS:Brett.lantz@newfront.com INSURERS AFFORDING COVERAGE NAIC # INSURED Briscoe Economics Group, Inc. 1520 E. Covell Blvd., STE B5 #264 Davis, CA 95616 INSURER A: Sentinel Insurance Company 11000 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY)POLICY EXP (MM/DD/YYYY) LIMITS GENERAL L LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY X X 57 SBM BM9741 SC 09/01/2020 09/01/2021 DAMAGE TO RENTED PREMISES (Ea occurrence) $100,000 CLAIMS-MADE X OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN’L. AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $2,000,000 X POLICY PROJECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE/ OFFICER/MEMBER EXCLUDED? (Mandatory in N.H.) If yes, describe under DESCRIPTION OF OPERATIONS below X WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Carlsbad is included as additional insured per contract. CERTIFICATE HOLDER CANCELLATION City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 SHOULD ANY OF THE ABOVE DECRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE Brett Lantz ACORD 25 (2010/05) 1-8-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD City Attorney Approved Version 9/27/16 1 AMENDMENT NO. 1 TO AGREEMENT FOR ECONOMICS SERVICES BRISCOE ECONOMICS GROUP This Amendment No. 1 is entered into and effective as of the ______ day of ______________________________, 20___, amending the agreement dated March 20, 2020 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Briscoe Economics Group, Inc., (“Contractor") (collectively, the “Parties”) for economics consulting and Fair Labor Standards Act compliance professional services. RECITALS The Parties desire to amend the Agreement to include additional economics consulting and Fair Labor Standards Act compliance professional services at the hourly rate of $275. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Contractor will provide additional economics consulting and Fair Labor Standards Act compliance professional services for the project described in Exhibit A of the Agreement on a time and materials basis in an amount not to exceed $32,000. With this Amendment, the total annual Agreement amount shall not exceed $100,000. 2. Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 4. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// /// /// /// /// /// DocuSign Envelope ID: 4CD88709-707D-49C7-8A9F-02A3D6EB976A 23rd 20July City Attorney Approved Version 9/27/16 2 5. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) City Attorney Nick Briscoe, President & Secretary ATTEST: By: (sign here) BARBARA ENGLESON City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 4CD88709-707D-49C7-8A9F-02A3D6EB976A CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE OF LIABILITY INSURANCE | 2018/04 Date: PRODUCER CONTACT NAME: PHONE:FAX: EMAIL: INSURER($) AFFORDING COVERAGE NAIC # INSURER A: INSURER B: INSURED INSURER C: INSURER D: INSURER E: INSURER F: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES: CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER:CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE James M. Frazier INSR LTR Type of Insurance ADDLINSR SUBRWVD POLICY NUMBER POLICY EFFMM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A Errors & Omissions Claims Made EACH CLAIM $ Policy Aggregate $ $ $ $ Includes General Liability Y N Cyber Liability EACH CLAIM $ Policy Aggregate $ $ $ $ UMBRELLA UAB EXCESS LIAB Claims Made EACH CLAIM $ Policy Aggregate $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT WITHSTANDING 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. Program Insurance, Inc.! 4 West Dry Creek Circle Suite 100! Littleton, CO 80120 James Frazier 720-696-9590 jfrazier@programins.com Lloyds of London AA-1128987 Briscoe Economics Group, Inc. 1111 Kennedy Place Suite 4 Davis, CA 95616-1266 ■ ■ HPMACVA019917102-01 09/02/2019 09/02/2020 1,000,000 1,000,000 ■ Policy Detail Policy Summary Claims First Reports Return to Listing Policy Detail Policy Information Policy:QWC1101573 Agent Group:87 Effective Date:1/20/2020 Expiration Date:1/20/2021 Cancellation Date:Carrier:Sequoia Insurance Company Underwriter:Nicole Kish Underwriting Office:17 - 17 - Majestic Policy Id:2943972 Policy Source:23739 Insured Information Name:Briscoe Economics Group, Inc. Name2/DBA: Address:1520 E. Covell Blvd, Suite B5 #264 Address 2: City, State Zip:Davis, CA 95616 Phone:9162664370 Fax: FEIN:813793020 SIC Cd: Agent Information Name:Networked Insurance Agents Address:443 Crown Point Circle City, State Zip:Grass Valley, CA 95945 Phone:(800) 682-8476 Fax: Policy:QWC1101573 Insured:Briscoe Economics Group, Inc. Effective:1/20/2020 Expiration:1/20/2021 Home Log Off ©2020 AmTrust Financial Services Inc. - Site Version: 1.0.19106.2 Logged In As: Nick Briscoe Welcome Nick Briscoe Home https://anaclaimslite.amtrustgroup.com/PolicyDetail.aspx?view=summary AGREEMENT FOR ECONOMICS SERVICES BRISCOE ECONOMICS GROUP THIS AGREEMENT is mad� and entered into as of the � day of lK\'JO.nt:b , 20�, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Briscoe Economics Group, Inc., a California corporation, ("Contractor"). RECITALS A.City requires the professional services of an economics consultant that isexperienced with Fair Labor Standards Act compliance requirements. B.Contractor has the necessary experience in providing professional services andadvice related to Fair Labor Standards Act compliance. C.Contractor has submitted a proposal to City and has affirmed its willingness andability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.SCOPE OF WORKCity retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2.STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3.TERMThe term of this Agreement will be effective for a period of one year from the date first above written. The City Attorney may amend the Agreement to extend it for one additional one-year period or part thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4.TIME IS OF THE ESSENCETime is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will not exceed sixty-two thousand dollars ($62,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed one hundred thousand dollars ($100,000) per Agreement year. The City reserves the rig ht to withhold a ten percent ( 10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 6/12/18 2 in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 6/12/18 3 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Celia A Brewer Title City Attorney Department City Attorney City of Carlsbad Address 1200 Carlsbad Village Drive Carlsbad, CA 92008 Phone No. 760-434-2891 For Contractor Name Nicholas Briscoe Title Briscoe Economics Group, Inc. Address 1520 E. Covell Blvd., Ste BS #264 Davis, CA 95616 Phone No. 916-890-3889 Email w Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 6/12/18 4 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. YesO No [X] 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable City Attorney Approved Version 6/12/18 5 under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 6/12/18 6 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR (sign here) A)i,c.,ho lo-.S--6CLScde:_ / P teSI~ t (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ~,~ CTORNEY If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ~£,H~ Assistant City Attorney City Attorney Approved Version 6/12/13 7 EXHIBIT "A" SCOPE OF SERVICES The Scope of Services are those described in the attached "Proposal Regarding FLSA Back Pay Calculations" dated February 18, 2020. City Attorney Approved Version 6/12/18 8 Briscoe Economics Group, Inc. 1520 E Covell Blvd., Ste B5 #264 Davis, CA 95616 Tel 916.890.3889 Fax 916.307.5756 www.BriscoeEconomics.com February 18, 2020 CONFIDENTIAL Michele Tackett, SPHR Via Electronic Email: Michele.Tackett@carlsbadca.gov Finance Manager / HCMS Administrative Services Finance Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Re: Proposal Regarding FLSA Back Pay Calculations Dear Ms. Tackett: Thank you for the opportunity to make a proposal to complete the work discussed in our conversation. Introduction and Testimonial of Experience As an introduction, I am Chief Economist at Briscoe Economics Group, Inc. I have obtained a Bachelor’s and Master’s Degree in Economics and am Adjunct Faculty at the University of California Davis, Graduate School of Management. I have extensive experience in analyzing wage and hour claims and overtime calculations, including experience involving municipalities and other government agencies. In addition, I have testified in trial and arbitration as an expert witness regarding wage and hour overtime calculations. I have performed the back-pay calculations requested with the specific FLSA issues involved with your City on numerous occasions for different cities and governmental agencies. I have presented to professional forensic economic associations on the topic of wage and hour damages as well as co-presented on FLSA regular rate issues at the 2016 and 2018 California League of Cities’ Municipal Finance Institute Conferences. Titles of the presentations were “Assessing FLSA Overtime Liability for Municipal Public Safety Workers” and “Payroll Compliance & The Fair Labor Standards Act Post Flores,” respectively. I have attached my CV to this letter. BRISCOE ECONOMICS GROUP Ms. Michele Tackett City of Carlsbad RE: Proposal Regarding FLSA Back Pay Calculations February 18, 2020 Page 2 ____________________________________________________________________________ Process to Perform Calculations and Analysis Having worked on several government agency FLSA overtime matters, I would like to outline the process involved in making the back-pay calculations. 1. Obtain specifications of calculations required from City; 2. Obtain payroll and hours data from City for entire analysis period; 3. Analyze payroll and hours data; 4. Work with City to define all individual payroll codes and hours codes in data as well as abnormalities in the data; 5. Perform calculations per specifications given; 6. Summarize amounts owed per individual employee. Mechanics of the Back-Pay Calculation The main premise of the back-pay calculation is to determine the additional amount of wages owed to each employee due to certain special pays not incorporated into the regular rate of pay for overtime. The mechanics of the calculation is to calculate the total actual pay of an employee for each historical work period versus what the employee would have earned if he/she were paid under what FLSA requires only. Differences in regular rates of pay and the number of overtime hours that require overtime premium pay will vary from what the City actually paid employees under your MOU contracts versus under what FLSA requires (which would incorporate all special pays at question). Rules for calculating pay under FLSA would be discussed with counsel and implemented. The following is a diagram of the back-pay calculation calculated for each employee for each work period. There are variations of this back-pay calculation that might be alternatively calculated depending on the specific needs and issues of your agency. A final calculation would sum each employees’ total back pay owed from each work period. Wages Due Under FLSA for Work Period (Includes All Special Pays in Overtime Regular Rate) -Actual Wages Paid in Work Period Back Pay Owed in Work Period (If Greater Than Zero) Ms. Michele Tackett City of Carlsbad RE: Proposal Regarding FLSA Back Pay Calculations February 18, 2020 Page 3 ____________________________________________________________________________ Factors Affecting Time and Cost It is very difficult to estimate the total time involved to make the calculations requested. The amount of time heavily depends on the data and problems that might arise when analyzing the data for all employees. Items that might increase the time spent on the project include the following: 1. Employees with alternative work schedules or FLSA work week start dates; 2. Difficulty interpreting hours worked codes in data; 3. Hours data is aggregated by week or pay period and not available by day or week; 4. Adding additional data to a completed analysis; 5. Hand written data; 6. Significant differences in data for each bargaining unit; 7. Phone conferences and explanations of calculations/data; 8. Calculating different variations/scenarios; 9. Attendance at mediation or settlement conferences; 10. Consulting on current pay practices. Estimated Time and Cost Total cost for the project would be based on total time worked. Briscoe Economics Group’s proposed hourly rate for this project is $275 per hour. This rate is blended and would be the rate for hours worked for both myself as well as any Staff Economist that works on the project. Below is an estimate range of time and cost for the project. The number of hours spent on the project can vary significantly depending on the reasons mentioned previously and the exact calculation(s) requested and could extend beyond the maximum hours range listed. Total Estimated Cost Range 175 - 225 $48,125 - $61,875 Hours Range Cost Range ($275/hr) Ms. Michele Tackett City of Carlsbad RE: Proposal Regarding FLSA Back Pay Calculations February 18, 2020 Page 4 ____________________________________________________________________________ The proposal is for the estimated range of time and cost per our conversations and memo received. The following calculations are to be performed: Bargain Units: CCEA, CFA, CPOA, CPMA FLSA Overtime Back Pay Calculations o Incorporating regular rate paid for overtime on a bi-weekly basis vs FLSA work period basis o Incorporating flex benefits and holiday pay (for Fire) into regular rate of pay o Possible multiple scenarios FLSA Comp Time Payouts Calculations o Examine possible liability from comp time payouts Consulting o Analyze overtime pay and pay rates o Possible calculations for future budgets, payroll practices or bargaining Time Estimate to Complete Analysis Once we begin the project and receive data, I estimate that the analysis would take up to ten weeks to complete. Timely communication and response with data is appreciated in order to achieve the estimated time frame. We can start immediately on the project. Conclusion Thank you for your consideration for this project. If you have any questions, please do not hesitate to contact me. Sincerely, Nicholas Briscoe Chief Economist Attachment r Briscoe Economics Group, Inc. 1520 E Covell Blvd., Ste B5 #264 Davis, CA 95616 Tel 916.890.3889 Fax 916.307.5756 www.BriscoeEconomics.com NICHOLAS A. BRISCOE, MS, CVA, CEA, CFE CURRICULUM VITAE Mr. Briscoe is Chief Economist and Principal at Briscoe Economics Group, Inc. Mr. Briscoe provides forensic economic, forensic accounting & business valuation services to attorneys, corporations, insurance companies and governmental agencies. He has qualified and provided expert testimony in court and deposition in numerous occasions. Mr. Briscoe teaches Finance and Fraud Detection as an Adjunct Professor at the University of California, Davis. He has earned a Bachelor’s Degree and Master’s Degree in Economics from UC Davis, as well as a Post-Master’s Graduate Certificate in Forensic Rehabilitation Counseling from The George Washington University. He has obtained designations of Certified Valuation Analyst (CVA), Certified Earnings Analyst (CEA), Certified Fraud Examiner (CFE) and Certified Professional Career Coach (CPCC). PROFESSIONAL EXPERIENCE 2016 - Present - Briscoe Economics Group, Inc. 2015 - 2016 - Crowe Horwath LLP 2011 - 2015 - Cohen | Volk Economic Consulting Group 2010 - 2011 - Economic Valuation Consultants 2007 - 2009 - The Udinsky Group TEACHING AND ACADEMIC EXPERIENCE 2011 - Present - University of California, Davis, Graduate School of Management, Adjunct Professor 2010 - University of Phoenix, Adjunct Professor 2005 - 2006 - University of California, Davis, Graduate Teaching Assistant 2005 - University of California, Davis, Graduate Student Researcher PRACTICE SUMMARY Mr. Briscoe’s practice includes the following areas: Economic Damages: Analysis and testimony related to commercial and lost profits damage claims resulting from business interruptions, construction defects, performance on contracts, and the valuation of economic losses in personal injury, wrongful death, employment termination and future care costs. BRISCOE ECONOMICS GROUP NICHOLAS A. BRISCOE, MS, CVA, CEA, CFE Page 2 ______________________________________________________________________ PRACTICE SUMMARY (CONTINUED) Forensic Accountings and Fraud Investigations: Investigations and testimony related to claims of fraud, misallocation of entity profits, and business separations. Wage and Hour: Analysis and testimony related to state-specific and FLSA wage and hour matters including but not limited to overtime pay, misclassification, regular rate of pay, off- the-clock work and meal and rest break periods. Employment: Analysis and testimony related to wrongful termination/discrimination claims and executive reasonable compensation analysis. Preparation of statistical analyses, vocational, labor and job market consultation and studies. Business Valuation: Preparation of reports, consultation and expert testimony regarding the valuation of ownership interest in privately held businesses, minority interests, estate and gift tax valuations, litigation, buy/sell transactions, marital dissolution (divorce), shareholder dissolution, CCC §2000, and goodwill. EDUCATION AND ACCREDITATIONS Masters of Science; Agricultural and Resource Economics (Applied Economics), 2006 o Elective Courses in Finance and Accounting o University of California, Davis Bachelors of Science; Managerial Economics, 2005 o University of California, Davis Graduate Certificate in Forensic Rehabilitation Counseling, 2012 o One-Year Post Masters Graduate Certificate Program o The George Washington University Certified Valuation Analyst (CVA), 2010 o National Association of Certified Valuators and Analysts Certified Earnings Analyst (CEA), 2012 o American Rehabilitation Economics Association Certified Fraud Examiner (CFE), 2016 o Association of Certified Fraud Examiners Certified Professional Career Coach (CPCC), 2017 Professional Association of Resume Writers and Career Coaches NICHOLAS A. BRISCOE, MS, CVA, CEA, CFE Page 3 ______________________________________________________________________ PROFESSIONAL AFFILIATIONS National Association of Forensic Economics National Association of Certified Valuation Analysts Association of Certified Fraud Examiners American Rehabilitation Economics Association American Academy of Economic and Financial Experts o Board of Directors, 4/2018 – present o Treasurer/Secretary, 4/2019 - present Professional Association of Resume Writers and Career Coaches PUBLICATIONS AND INVITED SPEAKING ENGAGEMENTS National Association of Forensic Economics, 94th Annual Western Economic Association Conference, Discussant for the Section, “Statistical, Survey and Data Issues in Wage and Hour Cases,” San Francisco, California, June 2019. American Academy of Economic and Financial Experts, 2018 Annual Meeting, “Industry Analysis in Personal Injury and Employment Termination Cases,” Las Vegas, Nevada, April 2018. “Code DD on a W-2 Wage and Tax Statement: An Alternative Way to Determine the Cost of Employer Paid Health Benefits,” Published in The Forecast, National Association of Forensic Economics, August 2017. American Academy of Economic and Financial Experts, 2017 Annual Meeting, “Forensic Accounting in Shareholder Disputes and Trust Litigation,” Las Vegas, Nevada, March 2017. “Public Funds, Public Scrutiny: Reducing Fraud Risk in Local Government,” Crowe Horwath LLP White Paper, Published in the League of California Cities - City Attorneys' Spring Conference, April 2016 (with Tim Bryan and Jonathan Theobald). American Academy of Economic and Financial Experts, 2016 Annual Meeting, “Calculating Back Pay in Wage and Hour Damage Claims,” Las Vegas, Nevada, March 2016. National Association of Forensic Economics, ASSA Annual Meeting, Discussant for the Section, “Topics in Forensic Economics,” San Francisco, California, January 2016. American Rehabilitation Economics Association, 2014 Annual Conference, “Income and Net Worth Analysis for Punitive Damages Testimony,” Reno, Nevada, June 2014. NICHOLAS A. BRISCOE, MS, CVA, CEA, CFE Page 4 ______________________________________________________________________ PUBLICATIONS AND INVITED SPEAKING ENGAGEMENTS (CONTINUED) American Board of Vocational Experts, 2013 Annual Conference, “Evaluating Loss of Earnings to Self-Employed Business Owners in Personal Injury Litigation,” Scottsdale, Arizona, April 2013. National Association of Forensic Economics, 86th Annual Western Economic Association Conference, Discussant for the Section, “Employment Discrimination in Forensic Economics,” San Diego, California, June 2011. National Association of Forensic Economics, 85th Annual Western Economic Association Conference, “Methodologies for Calculating Damages in Class Action Wage and Hour Cases,” Portland, Oregon, June 2010. Participant in various continuing legal education training programs and panels. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ~:oo:oo:o:o:o:oo:o:o:o:o:o:~:o:o:o:o:o:o:o:o:o:o:o:o:~ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of f () 1 0 On yV\CArc h }() 2d 1.,,0 before me, ~ r\ (}v, +en DatJ f personally appeared (\} t'c~o LU\ s Here Insert Name and Title of th f3c(SC0f:J Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persorw'whose nam~ is/afef subscribed to the within instrument and acknowledged to me that he/s.b-efttfey executed the same in hislb.el'ftfieir authorized capacityves1, and that by his~ signatu.re(B) on the instrument the persoAW, or the entity upon behalf of which the perso~ acted, executed the instrument. ~ LANDON CHRISTENSEN {::::'.' ~~ Notary Public -Cal1forn1a :, :':~:' Yolo Count~ ' \~~i{[i} Commission~ 229'i'i9B ~ My Comm. Expires Jul 27. 2023 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL ----------------~ Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doc)\'ment Title or Type of D05"m<jli: rt@~ ki r Ec-c:,r, QC'!'.l J C5 :r;_e-0,i{cg ~ • !i},' <-06 Document Date:~ {lQ_ tl_O Number of Pages: _7.L.._ __ _ Signer(s) Other n,rr; N~med Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corpontte-1.ll.I.IC.fil □ Corporate Officer -Title(s): ______ _ □ Partner-□ Partner -□ Limited □ General □ Individual □ Attorney in Fae □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Guardian or Conservator □ Other: Signer is Representing: _________ _ ©2018 National Notary Association CERTIFICATE OF LIABILITY INSURANCE Pi Date: PROGRAM INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: James Frazier Program Insurance, Inc. PHONE: 720-696-9590 I FAX: 4 West Dry Creek Circle Suite 100 Littleton, CO 80120 EMAIL: jfrazier@programins.com INSURER($) AFFORDING COVERAGE NAIC# INSURER A: Lloyds of London AA-1128987 INSURER B: INSURED INSURERC: Briscoe Economics Group, Inc. INSURER D: 1111 Kennedy Place Suite 4 Davis, CA 95616-1266 INSURER E: INSURER F: COVERAGES: CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT WITHSTANDING 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 Type of Insurance ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DD/YYYY MM/DD/YYYY A ■ Errors & Omissions Mt'MAL, VAU 19917102-01 ;;~ ----19 ..,...,.,...,_, ___ .., EACH CLAIM $1,000,000 ■ Claims Made Policy $1,000,000 Aggregate $ $ $ Includes General Liability ■Y □N D Cyber Liability EACH CLAIM $ Policy $ Aggregate $ $ $ 0 UMBRELLA UAB EACH CLAIM $ 0 EXCESS LIAB Policy $ D Claims Made Aggregate $ $ $ CERTIFICATE HOLDER: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE James M. Frazier CERTIFICATE OF LIABILITY INSURANCE I 2018/04 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) ~ 01/20/2020 ,.____.., THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 CON,x-., TAn, TrnttPr NAME: J.D. Allman, Inc. dba Total HR Insurance Services r11~.t CM\• 9]6-Jf;/;_4370 I FAX IA/C Nol: 1730 I Street, Suite 240 ~D?:~ss, wcnol:.-.-.."' .... =-~;pcr~rnmn rnm . -. -. Sacramento, CA 95811 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Seauoia Insurance Comoanv 22985 INSURED INSURER B: Briscoe Economics Group, Inc INSURERC: 1520 E. Covell Blvd. Suite BS #264 INSURERD: Davis, CA 95616 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICYEFF POLICY EXP LTR ,u~n •-•n POLICY NUMBER IMM/DDIYYYYl IMM/DDIYYYYl LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s f--« =.J CLAIMS-MADE DAMAGE TO RENTED f--OCCUR PREMISES /Ea occurrence\ $ f--MED EXP (Any one person) $ PERSONAL & ADV INJURY $ - ~'L ----□c ~~~~ AP□S PER GENERAL AGGREGATE $ POLICY JECT LOC PRODUCTS -COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s /Ea accident\ -ANY AUTO BODILY INJURY (Per person) $ --OWNED -SCHEDULED AUTOS ONLY AUTOS i BODILY INJURY (Per accident) $ -HIRED ~ NON-OWNED ' PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY I Per acc1denll s -~ $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION I PER I I ERn-AND EMPLOYERS' LIABILITY QWC1101573 01/20/2020 01/20/2021 X STATUTE Y/N A ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $ 1 flfl{\ /)/)/) OFFICER/MEMBEREXCLUDED? (Mandatory In NH) EL DISEASE EA EMPLOYEE $ I 000 000 I! yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE POLICY LIMIT $ 1000000 DESCRIPTION OF OPERATIONS/LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) CERTIFICATE HOLDER CANCELLATION Briscoe Economics Group, Inc SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1520 E. Covell Blvd. Suite BS #264 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Davis, CA 95616 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE r:/.0. ~,.., i/..c. I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD