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White Nelson Diehl Evans - Amendment No. 1First AMENDMENT TO Agreement for Services WHEREAS, the City of Gilroy, a municipal corporation ( "City "), and White Nelson Diehl Evans LLP entered into that certain agreement entitled Agreement for Services, effective on July 1, 2013, hereinafter referred to as "Original Agreement "; and WHEREAS, City and White Nelson Diehl Evans LLP have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CON_ SIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Article 1 "Term of Agreement" of the Original Agreement shall be amended to read as follows: This Agreement will become effective on July 1, 2013 and will continue in effect through June 30, 2018 unless terminated in accordance with the provisions of Article 7 of this Agreement. 2. Article 4A "Consideration" of the Original Agreement shall be amended to read as follows: In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D" ( "Payment Schedule "). In no event however shall the total compensation paid to CONSULTANT exceed $69,487. See Exhibit D for payment schedule. 3. Exhibit C "Milestone Schedule" of the Original Agreement shall be amended to read as follows: MILESTONE SCHEDULE (for each year of the audit) 1. Interim Work May - July 2. Fieldwork September - October 3. Preliminary Fund Balance Figures October 4. Draft Reports November 5. Final Reports December 4. Exhibit D "Payment Schedule" of the Original Agreement shall be amended to read as follows: Maximum Fees Not to Exceed Amount for Year ended June 30, 2013: $ 63,590 2014: $ 63,590 2015: $ 65,498 2016: $ 67,463 2017: $ 69,487 5. This Amendment shall be effective on July 1, 2016. 4845 -8245- 5540v1 MDOLINGER104706083 6. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 7. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. CITY OF GILROY By: 4;�� - [signature] and Tewe J. Ed s [employee name] Interim City Administrator [title /department] Date: A -/8 -/,( Approved as to Form IV-11", � ity Attorney 4845 -8215- 5540v1 MDOLINGER104706083 White Nelson Diehl Evans LLP By: r \ j [signature] Nitin Patel [name] Partner [title] Date: ] - Z Cl - I -2- s A ...0 4 _ 14 . Ct �t� CERTIFICATE OF LIABILITY INSURANCE DAif �5iis ' 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 endorsements A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER .. NAME: STEVE SCHNEIDER SILVER CREEK INSURANCE AGENCY PHOtvi - _..._ . Alc Mo .714-836-9438 SAM , xu =- STiVE{�SILVERCRBEKAGFadCY. COX 17742 IRVINE BLVD SUITE 203 E-MAIL lt AooRESS: __tNSURER(Sj_AFFORLittdG NAIC 0 TUSTIN CA 92780 _INSURE LTD SENTINEL INS. CO. LT _.._.. _.........__... ...._____. ..._ ............. ...... ...,...._,.____,_.._.._. ..W.._.__.__..:_.._..._........ . INSURED - _INSURER B : SENTINEL INS. CO. LTD WHITE NELSON DIEHL EVANS LLP wsuRERC: .. ..... . -.. __.. 2875 MICHELLE, SUITE 300 INSURERD: IRVINE, CA. 92606 COVERAGES f FRTIFif_ATF NIIMRFR• ocvlctnet Nf tucco• 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. _ _.._... _ ...___ ddSR ...... .. . �AODL SUHfit' ..... - ____._. .._..._..._...... pOUCY EFF....POLiCY EXP 1..7R TYPE OF INSURANCE INSR WVD I POLICY NUMBER MMfA ;. MMIDDrMY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1000000 I�%' COMMERCIAL GENERAL LIABILITY 157SBABH5586 - 6/1/.15 6/1/16 PREMtES[Eaoaairrencai § 300000 .... CLAIMS -MADE ED EXP (Any one ersorn 1 1000000 A : ..... .......... ._..... ...... ". .. -.,. X <PERSONA.BADVINJURY ...... .___.... ... .. . .._ ._.. I _..._.._ .__. ..._...,__......_. ................. j GENERAL AGGREGATE j 5 20000.00 f .. . GEN'L AGGREGATE LIMIT APPLIES PER: i IPRODUCTS - COMP'OPAGG `S 2000000 E POLICY i z FPO - AUTOMOBILE t.lABq.iTV j `- COMBINED SINGLE LIMIT I #...__.. 157SBABH5586 6/1/15 6/1/16 . 1.Eaacag�tL.--- ..._................. .$ 10.0.0.0.0.0 . ANY AIIT, ^, j ! 1 BODILY INJURY (Per oersoi) S At.LO'Jt'NIED SCHEDULED $ .,..... - _._....... A :...........: AtiTOS _..,.,.,.._,; AUTOS ! ! BODILY INJURY (Per acodent); S NON -OWNED i PROPERTY DAMAGE HIRED AUTOS .. :AUTOS i b Peraccrdentt .,._._..._ , i $ € UMBRELLA LIAB occuR i 57SBABH5586 16/1/15 ! 6/1/16 EACHOCCURRENCe s 4000040 A I EXCESS LIAR CLAIMS MADE % I RELATE s$ 4 0 0 0 0 0 0 ... _.. .. , ._..... -._ Y . _ _ .__ _ ..... DED RETENTIONS 10 000 ! i $ ` WORKERS COMPENSATION - ! t4CSTA717 IOTH - ANDEMPLOYERS'LIABILITY YIN: ;57WSCDX4233 6 /i /15 6%1J16 I`aTtYLIIIT &,.. —ER-1 ...... ........ ANY PROPRIETORtPARTNERrEXECUTNE EL. EACH ACCIDENT $ 1000000 B ' OFFICEROAEMBER EXCLUDED? N l A: ..... _ ..,........ . ...... (Mandatory In NH) - .......,_....._1-0-00.0-0.0 . (E L. DISEASt EA EMPLOYES if yes, descnbe under if ......_.... .._ OESCP,IPTiON OF OPERATIONS below. E.L. DISEASE. - POLICY UMII b { I l.] satws aetuel Aoo. e:+.ecwfnw A 'Business Interruption � �573BABH5586 !6/1/.15 6/ij16 i DESCRIPTION OF OPERATIONS I LOCATIONS J VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: lthite Nelson Diehl 8vana LLP Those usual to the insured's operations. The certificate holder is named as additional insured per additional insured form IB12001185 attached to this policy. Business liability wavier of subrogation applies to the certificate holder per form SS0008, Blanket waiver of Subrogation applies to workers compensation per from WC040306 attached to this policy. Coverage is primary and non - contributory per the business liability coverage form SS0008. 30 day advanced notice of cancellation, 10 day notice for non- payment cancellation. U City of Gilroy 7351 Rosanna Street Gilroy ACORD 25 (2010105) SHOULD ANY.OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION, DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITip THE POLICY PROVISIONS. AUTHORIZED REPR_ ENTAnvE CA 95020 The ACORD name and logo are marks of ACORD All rights reserved. 1 rte Af wKu name am [ago are regisWrsd "maft of ACORD POLICY NUMBER: 57 SBA BF8541 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON-ORGANIZATION CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084-6275 CITY OF RANCHO SANTA MARGARITA, ITS ELECTED AND APPOINTED BOARDS, COMMISSIONS, OFFICERS, AGENTS, AND EMPLOYEES ARE AN ADDITIONAL INSURED PER THE BUSINESS LIABILITY COVERAGE FORM SSOOOB ATTACHED TO THIS POLICY. CITY OF RANCHO SANTA MARGARITA ATTN: CITY MANAGER 22112 EL PASE0 RANCHO SANTA MARGARITA, CA 92688 COSTA MESA SANITARY DISTRICT 628 W 19TH ST COSTA MESA, CA 92627 THE CITY OF RANCHO CUCAMONGA ITS OFFICERS, OFFICIALS, EMPLOYEES, DESIGNATED VOLUNTEERS, OR AGENTS SERVING AS INDEPENDENT CONTRACTORS IN THE ROLE OF CITY OFFICIALS CITY OF GILROY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND EMPLOYERS 7351 ROSANNA STREET GILROY, CA 95020 Form Iii 12 00 1185 T SEQ. NO. 003 Printed in U.S.A. Page 001. ProcessDate: 10/25/1-3 Expiration Date: 01/01/15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number. 57 WEC Dx4233 Endorsement Number: Effective Date: 06 / 01 / 15 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: WHITE NELSON DIEHL EVANS LLF 2875 MICIIELLE STE 300 IRVINE, CA 92606 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description ANY PERSON OR ORGANIZATION WRITTEN CONTRACT OR AGREEM.E3 FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR RIGHTS FROM US. AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 04/11/15 Policy Expiration Date: 06/01/16