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Urban Programmers - Consultant ServicesAGREEMENT FOR SERVICES (For contracts of $5,000 or less — DESIGN OR ENGINEERING TYPE CONTRACTOR) This AGREEMENT made this 4th day of September, 2015, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONTRACTOR: Urban Programmers, having a principal place of business at 10710 Ridgeview Ave., San Jose, CA 95127. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on September 8, 2015 and will continue in effect through June 30, 2016 unless terminated in accordance with the provisions of Article 7 of this Agreement. ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONTRACTOR is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both parties acknowledge that CONTRACTOR is not an employee for state or federal tax purposes. CONTRACTOR shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONTRACTOR shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR Specific Services CONTRACTOR agrees to: Perform the services as outlined in Exhibit "A" within the time periods described therein. Method of Performing Services CONTRACTOR shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONTRACTOR'S services. -1- 4851- 9718 -0697v1 LAC104706083 Employment of Assistants CONTRACTOR may, at the CONTRACTOR'S own expense, employ such assistants as CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONTRACTOR'S assistants in the performance of those services. CONTRACTOR assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. Place of Work CONTRACTOR shall perform the services required by this Agreement at any place or location and at such times as CONTRACTOR shall determine is necessary to properly and timely perform CONTRACTOR'S services. ARTICLE 4. COMPENSATION In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR as provided for in Exhibit `B ", "Payment Schedule ". Invoices CONTRACTOR shall submit invoices for all services rendered. Payment Payment shall be due within thirty (30) days after receipt of invoice describing the work performed during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. Expenses CONTRACTOR shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONTRACTOR, all fees, fines, licenses, .bonds or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR'S costs of doing business. CITY shall not be responsible for any expenses incurred by CONTRACTOR in performing services for CITY. -2- 4851- 9718- 0897v1 LA004706083 ARTICLE 5. OBLIGATIONS OF CONTRACTOR Tools and Instrumentalities CONTRACTOR shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY. Licenses CONTRACTOR shall possess a State of California Contractor's license in the appropriate category for performing services under this Agreement. CONTRACTOR shall obtain a City of Gilroy Business License. Workers' Compensation .CONTRACTOR agrees to provides workers' compensation insurance for CONTRACTOR'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising out of any injury, disability, or death of any of CONTRACTOR'S employees. Indemnification of Liability, Duty to Defend A. As to professional liability, to the fullest extent permitted by law, CONTRACTOR shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONTRACTOR or CONTRACTOR'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. B. As to other liability, to the fullest extent permitted by law, CONTRACTOR shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONTRACTOR or CONTRACTOR'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. Insurance -3 4851- 9718- 0697v1 LAC104706083 In addition to any other obligations under this Agreement, CONTRACTOR shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non- renewed, and not replaced with another claims -made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONTRACTOR must purchase so called "extended reporting" or "tail" coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY'S obligations under this Agreement, CONTRACTOR shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONTRACTOR under this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. State and Federal Taxes As CONTRACTOR is not CITY'S employee, CONTRACTOR shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that: *CITY will not withhold FICA (Social Security) from CONTRACTOR'S payments; *CITY will not make state or federal unemployment insurance contributions on CONTRACTOR'S behalf; *CITY will not withhold state or federal income tax from payment to CONTRACTOR; *CITY will not make disability insurance contributions on behalf of CONTRACTOR; *CITY will not obtain workers' compensation insurance on behalf of CONTRACTOR. -4- 4851- 9718 -0697v1 LAC104706083 ARTICLE 6. OBLIGATIONS OF CITY Cooperation of City CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONTRACTOR'S duties under this Agreement. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONTRACTOR. Such assignment shall not release CONTRACTOR from any of CONTRACTOR'S duties or obligations under this Agreement. events: ARTICLE 7. TERMINATION OF AGREEMENT Termination on Occurrence of Stated Events This Agreement shall terminate automatically on the occurrence of any of the following 1. Bankruptcy or insolvency of either party; 2. Sale of the business of either party; 3. Death of either party. Termination by City for Default of CONTRACTOR Should CONTRACTOR default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONTRACTOR. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. Not performing any of its services professionally and/or timely. 2. CONTRACTOR'S breach of any of its representations, warranties or covenants contained in this Agreement. CONTRACTOR shall be entitled to payment only for work satisfactorily completed through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit `B" which have been fully, competently and timely rendered by CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR'S default in the performance of this Agreement or material breach by CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses -5- 4851- 9718 -06970 LAC \04706083 incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONTRACTOR for the performance of that task pursuant to this Agreement. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONTRACTOR all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONTRACTOR, at the CONTRACTOR'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONTRACTOR to CITY. Transition After Termination Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done toward completion of its services, and shall act in such a manner as to facilitate any new CONTRACTOR'S assumption of duties. ARTICLE 8. GENERAL PROVISIONS Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to a party at the address appearing below such party's signature below, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. Entire Agreement of the Parties This Agreement supersedes any and all prior agreements, either oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that. no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by both parties. - Partial Invalidity -6- 4851- 9718 -06970 LAC104706083 If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions. will nevertheless continue in full force without being impaired or invalidated in any way. Americans With Disabilities Act of 1990 Throughout the term of this Agreement, the CONTRACTOR shall comply fully with all applicable provisions of the Americans With Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. The Contractor shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONTRACTOR shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation attorneys' fees, that may arise out of any violations of the Act by the CONTRACTOR, its subcontractors, or the officers, employees, agents or representatives of either. Compliance With Laws The CONTRACTOR shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONTRACTOR agrees to observe the provisions of the Municipal Code of "the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin or ancestry of any employee, applicant for employment, or any potential subcontractor. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws or provisions of any jurisdiction. The -7- 4851- 9718 -06970 LAC104706083 exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. Executed at Gilroy, California, on the date and year first above written. CONTRACTOR: Urban •a. By:-'�&Xau d-d—udw& (Print T4�me) Address for Notices: Bonnie Bamburg, Owner 10710 Ridgeview Ave. San Jose, CA 95127 Social Security or Taxpayer Identification Number: CITY: ZCITF GILROY (Print Name) Address for Notices: 7351 Rosanna Street Gilroy, CA 95020 Attn: City Administrator -8- 4851- 9718 -06970 LAC104706083 Approved as to Form: , Attorney PVC EXHIBIT "A" I. SCOPE OF SERVICES See attached Urban Programmers June 8, 2015 letter with proposed scope of services. II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONTRACTOR shall commence services upon delivery to CONTRACTOR of written Notice to Proceed. B. COMPLETION OF SERVICES When CITY determines that CONTRACTOR has satisfactorily completed all of the services defined under this Agreement, CITY shall give CONTRACTOR written Notice of Final Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR may request this determination of completion when, in its opinion, it has satisfactorily completed all of the services under this Agreement, and if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONTRACTOR has not satisfactorily completed all of such services, CITY shall so inform CONTRACTOR within this two (2) week period. III. SCHEDULE 10 days from receiving authorizaion to proceed. IV. DIRECT EXPENSES Direct expenses are charges and fees not included in the Scope of Services described above. CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. III. GENERAL PROVISIONS A. STANDARD OF WORKMANSHIP CONTRACTOR represents and warrants that it has the qualifications, skills and licenses necessary to perform the services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR'S representations and -9- 4851- 9718 -06970 LAQ04706083 warranties regarding its skills, qualifications and licenses. CONTRACTOR shall perform such services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. B. RESPONSIBILITY OF CONTRACTOR CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of the services furnished by it under this Agreement. The CITY'S review, acceptance or payment for any of the services required under this Agreement shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited .to, invoices, vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years (from the date of final payment to CONTRACTOR), or for any longer period required by law, sufficient books and records in accordance with standard accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY'S request. D. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. E. OWNERSHIP OF MATERIAL. All material (including information developed on computer(s)) prepared (or caused to be prepared) under this Agreement shall be the property of CITY. F. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. G. WAIVER. CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. -10- 4851- 9718- 0697v1 LAQ04706083 H. AMENDMENTS. No alterations or changes to the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. I. CONFLICT OF INTEREST. CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. J. CAPTIONS. The captions of the various sections, paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered nor referred to for resolving questions or interpretation. -11- 4851- 9718 -06970 LAC104706083 EXHIBIT `B" PAYMENT SCHEDULE Attached Urban Programmers June 8, 2015 letter. Fees are not to exceed $1,300.00. -12- 4851- 9718 -0697v1 LAC104706083 June 8,2015 The following is our proposal to provide consulting services to evaluate proposed additions and alterations to a Historic Resource Property listed in the National Register of Historic Places, the California Register of Historic Resources and is a City of Gilroy Historic Landmark, located at 651 West 6th Street, Gilroy- Wheeler Hospital Property. SCOPE OF SERVICES: 1. Through research, and visual inspection evaluate the proposed new additions and alterations for compliance with the Secretary of the Interior' Standards. Review National Register Nomination Significance Statement One site visit including photographs 2. Provide a site and architecture evaluation of the proposed alterations and determine if there is an impact to the historic Wheeler Hospital Building. This will be consistent with the CEQA Guidelines and Secretary of the Interior's Standards for the Treatment of Historic Property. 3. If necessary provide recommended mitigation to reduce the level of impact to less than significant. Provide a brief description of the historical context, important historical preservation policies and history of the current buildings to support the mitigation measures recommended Deliverables: Letter format evaluation report with graphics as necessary Schedule: 10 days from receiving authorization to proceed Fee including expenses: Scope items 1 & 2 Scope Item 3 Total not to exceed $800.00 $500.00 $1,300.00 Bonnie Bamburg, owner 10710 Ridgeview Avenue San Jose California 95127 USA Phone: 408- 2547171 Fax: 408-254-0969 E -mail: bbamburg *USA.net CERTIFICATE OF LIABILITY INSURANCE P4SA 9�28i2o THIS'CERTIFICATEIS 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 SUBROGATIONIS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUMW USAA INSURANCE AGENCY INC /PHS 812845 P: (888) 242 -1430 F: (888) 443 -6112 PO BOX 33015 - SAN ANTONIO TX 78265 CONTACT (. "r».E>a): (888) 242 -1430 IFAX. No): (888) 443 -6112 DRESS: INSURER(S) AFFORDING COVERAGE NAIL# INSURER A: Sentinel Ins Co LTD 11000 usSURFD BONNIE L BAMBURG DBA URBAN PROGRAMMERS 10710 RIDGEVIEW AVE SAN JOSE CA 95127 INSURER B: Continental Casualty Co. LLWM. . INSURER C; COMMERCIAL GENERAL LIABILITY INSURERD: INSURER E: - - INSURER F: EACH OCCURRENCE 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. EYSR r"E0FD1trUR4NCE ADDL SUER POLICYNUHEER POLICYEFF POLICYEXP LLWM. . COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1, 000,00Q —1 El CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea omliienre . $1,000,000 _ . _ MED EXP Wry ons Person) 104 000 A X General Liab 65 SBA KWO636 01/19/2015 01/19/2016 PERSONAL & ADV INJURY $1,000,000 .GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGA7E s2.:,- 0-00r -000__ POLICY P r--1 LOC CT PRODUCTS - COMPIOP AGG Q 000 L I .0 / OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMB' (Ea accident) $ 1 000,000 / BODILY INJURY (Per person) $ ANY AUTO A ALL OWNED SCHEDULED AUTOS AUTOS 65 SBA Kw0636 01/19/2015 01/19/2016 BODILY INJURY (Peraaldent) g PROPERTY DAMAGE (Per accident). $ X HIRED AUT X 'NON -OWNED AUTOS UMBRELLA LIAR OCCUR EACH OCCURRENCE 'EXCESSLLAB CLAIMS -MADE AGGREGATE DE RETENTION E WORLMOOMPENSA770N AADEMPLOYERS'LIASMY PER OTH- STATUTE. ER E.L. EACH ACCIDENT $ ANYPROPRIETORIPARTNERIEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? (Afendatoty In NN) ❑ N/A E.L..DISFASE -EA EMPLOYEE .$ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT E B Professional Liab 596617462 09/29/2015 09/29/2016 $1,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (ACORD 101, Addldonal Remarks Schedule, may be attached N more space Is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION U 1983 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Gilroy Planning Division �' y g BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AU7HOR9MREPRESENTATIVE Attn: Rebecca Tolentino 7351 ROSANNA ST GILROY, CA 95020 U 1983 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE RGO DATEa60l/DDNYM R054 18/12/2015 THIS CERTIFICATEIS 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 IMF TATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. H&CINT 1 Eh # tho cerfif=ft fiWd= is an ADMTIONAL ISIIS114UM, the gaft-yf0s) en sI be used. U 81,919ZOGATIOWS VdAWM, sdbjact fto &A tera and `conditions of the poft, =main paUdes ma cure an endorsement. A st3twund on this ate does not awder dghts W Ow certificate holder In lieu of such endcrswmnt(s� USAA INSURANCE AGENCY INC /PHS 812845 P: (888) 242 -1430 F: (888) 443 -6112 PO BOX 33015 SAN ANTONIO TX 78265 CONTACT N AAW- r�z (888) 242 -1430 we Pwt (888) 443 -6112 A'DCR S: 901REMAFRNMIMSCOWSUME KAM A: Sentinel Ins Co LTD 11000 Bwsujaw BONNIE L BAMBURG DBA URBAN PROGRAMMERS 10710 RIDGEVIEW AVE SAN JOSE CA 95127 MAURB: MURM C: 65 SBA KWO636 IH9URER D: 01/19/2016 IFOURM E: 1,000,000 DIMMM F: EMSIPAE TO RENTED _•'r��-,7_•[c-?� •�alla�c \L�,,E�l'rb =� =: .�a` /�= ?t�ii�.L��r�� =S�; 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,DCCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAD. DWI L79 T"EOFMMUPrrE ARDL JAM was WFD POLICYNVAMM PoLwys" P LWYA" ---afffamajED- Lass A GENERAL LOA ®uar caaa>zE occuR General Liab AGGREGATE LIMIT APPLIES PER: POLICY PR ❑x LOC oTHM, 65 SBA KWO636 01/19/2015 01/19/2016 EACH OCCURRENCE 1,000,000 EMSIPAE TO RENTED s 1,000, 000 x x N®EXPVmampvcaq 10,000 PERSONAL 3 AM KAW 1, 000,000 GEM GEIGRAL AGGREGATE 2,000,000 PRODUCTS - CM PIOPAM 2,000,000 A nuTOaf LlA93ILrrY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIREV AUTOS X NON�OWNED AUTOS 65 SBA ICW0636 01/19/2015 01/19/2016 "ff 1, 0 0 0, 0 0 0 R3DDiLr tALIt1RT (Per patscn) BODILY QVfURY(Acraa�sdj r PROPERTY DAMAGE (Per amwerm ULMM3..AL1A91 EXCESS LMS 1 OCCUR CLAV.T MADE EACH OCCURRENCE ABATE S 6 fY08dC6f(7 PNLITlO.Y AND FJ/PLOTF3S'!!ABlIJTY ANY PROPREFrOMPARTNERFE)MCAYME YIN OFF R EXCLUDED? wry In A" E-1 If yes, desrsi0e under OESCRUNTIO 7 OF OPERATIONS below AVA PER OTK STATUTE ER E.L. EACH ACCIDENT $ E.L DISEASE- EA ELVLOYEE EL DISEASE - POLICY lJEf07 $ I ,:::H OESCFWn= OF OPERA=. SS/ LOCATIDAIS /VEH=ZS U=W 401. AGdi kmgd Rwnarlo BaMd,de, rA.ry a aCaelwd s3 uwo apace Fa reevLed) Those usual to the Insured's Operations. The City of Gilroy its officers, and employees are named Additional Insured per the Business Liability Coverage form SS0008 with written contractual agreement. CERTIFICATE HOLDER CANCELLAnoN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED The City of Gilroy BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE Y y DELIVERED IN AC RDAN E WITH THE POLICY PROVISIONS. Attn : Planning Dept. AUTHORMEDREPRESENTA7IVE 7351 ROSANNA ST GILROY, CA 95020 ©1988 -2014 Ai reserved. (I udw POUCY NUMBER. 65 SBA KWO636 THIS ENDORSEMENT CHANGES TIME POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON - ORGANIZATION THE CITY OF GILROY ITS OFFICERS, AND EMPLOYEES ATTN: PLANNING DEPT. 7351 ROSANNA ST GILROY, CA 95020 Form IH 12 CC 1185 T SEQ. NO. 001 Prhded In U.S.A. Page 001 Process Date: 08/12/15 EttPeration Date: 01/19/16 INS OFFICE OF AMERIC 1855 W STATE RD 434 LONGWOOD, FL 32750. 1.407 -788 -3000 Certificate ®f Insurance IF I %ail (Policy numlbe . O"UM -7 Underwritten by. United Rnandal Casualty Company August 12, 2015 Pagel of 2 COMM holder rosmedl App -------------------------------------------------------- -------- ------- -•- • -.........----......................................................................... ............................... Additional Insured MARVIN BAMBURG ASSOQATES INSOfFlCE OFAMERIC THE CITY OF GILROY 7351 ROSANNAST GILROY, CA 95020 INC 1176 UNCOLN AVE SAN JOSE, CA 95125 1855 W STATE RD 434 LONGWOOD, FL 32750 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these polities. Policy EffeGive Date: May 21, 2015 wMaoae aoveragew 6d7y Injury /Property Damage ........................... ..... . . . . .. . . . . .. Uninsured/Undeftued Motorist Employer's Non-0wned Auto BIPD Hued AutD wi Injury/Property Damage Description of Locadon/Vehides/Spedal Items ................... ............................... Policy Expiration Date: Nov 21, 2015 Limb ....................... ..................... . . .... $1,000,000 Combined Single Limit ................... .............................. $1,000,000 Combined Single Limit . .....,000 Combined 5�ngle Limit $1,000,000 Combined Single Limit Scheduled autos only 2006 TOYOTA HIGHLANDER HYBR JTEEW21 A260003463 Medical Payments $5,000 Comprehensive $500 Ded Colrsion $500 w/Waiver Ded Rental Reimbursement $30 Per Day ($900 Max) Roadside Assistance Selected 2011 HONDA ACCORD 1 HGCP3F816A025768 Medical Payments $5,000 Comprehensive $500 Ded Collision $500 w/Waiver Ded Rental .Reimbursement $30 Per Day ($900 Max) Roadside Assistance Selected caret Forrn ®9 Request for Taxpayer (Rev. November 2005) Identification Number and Certification Depa&nera of the Tmmay N c. 0 P a7O .I 10 L en n t� Name (as shown on your income tax return) Bonnie Bamburg Business name, if different from above Urban Programmers Give form to the requester. Do not send to the IRS. Individual/ ❑ Corporation ❑ Partnership ❑ Other ► ., I D Exempt from backup Check appropriate box: Sale proprietor withholding Address (number, street; and apt. or suite. no.) City, state, and ZIP code an Jose CA 95127 List account number(s) here (optional) Requester's name and address (optional) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, seethe Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, seethe chart on page 4 for guidelines on whose Employer identification number number to enter: 1 2 1 0 + 5 19 1 3 14 14 16 1 0 Under penalties of perjury, I certify that'. 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been noted by the Internal Revenue Service (IRS)that I am subject to backup Withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report- all interest and dividends on your tax. return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA),and generally, payments other than interest and dividends, you are not required to sign the Ceftification, but you must provide your correct TIN. (Seethe P4ructions on page 4.) .^ Sign Si nature of J �'�•% Nara .. 9 ...,.e.... _ ��� vvL t r:!iY/ /L�� LZG�L• `% Date ► �, /� -2/' % Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN)to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA: U.S. person. Use Form W-9 only if you are a U.S. person (inclUdinga resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. In 3 above, if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. For federal tax purposes, you are considered a person if you • Anl,Qdividual who is a citizen or resident of the United states, —A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, or • Any estate (other than a foreign estate) or trust, See Regulations sections 301.7701 -6(a) and 7(a) for additional information. Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W -9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U S. owner of a disregarded entity and not the entity ars: Cat. No. 10231X Form W -9 (Rev. 1.1 -2005)