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HomeMy WebLinkAboutR. Anthony Brigantino - 2014 AgreementAGREEMENT FOR SERVICES (For contracts of $5,000 or less - CONSULTANT) This AGREEMENT made this 4th day of September, 2014, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: R. Anthony Brigantino, MAI, having a principal place of business at 18921 Portola Drive, Suite F, Salinas, California. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on 9/8/2014 and will continue in effect through project completion 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 CONSULTANT 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 CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT 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. CONSULTANT shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT Specific Services . CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" within the time periods described therein. Method of Performing Services CONSULTANT 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 CONSULTANT'S services. -1- 4851- 9718 -06970 LAM04706083 Employment of Assistants CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition, against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the performance of those services. CONSULTANT 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 CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT'S services. ARTICLE 4. COMPENSATION In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT as provided for in Exhibit `B ", "Payment Schedule ". Invoices CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be responsible for any expenses incurred by CONSULTANT in performing services for CITY. -2- 4851- 9718 -06970 UM04706083 ARTICLE 5. OBLIGATIONS OF CONSULTANT Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. Licenses CONSULTANT shall possess a State of California Contractor's license in the appropriate category for performing services under this Agreement. CONSULTANT shall obtain a City of Gilroy Business License. Workers' Compensation CONSULTANT agrees to provides workers' compensation insurance for CONSULTANT'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 CONSULTANT'S employees. Indemnification of Liability, Duty to Defend A. As to professional liability, to the fullest extent permitted by law, CONSULTANT 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 CONSULTANT or CONSULTANT'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, CONSULTANT 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 CONSULTANT or CONSULTANT'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 -06970 LAC104706083 In addition to any other obligations under this Agreement, CONSULTANT 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, CONSULTANT 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, CONSULTANT 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 CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. State and Federal Taxes As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: *CITY will not withhold FICA (Social Security) from CONSULTANT'S payments; *CITY will not make state or federal unemployment insurance contributions on CONSULTANT'S behalf; *CITY will not withhold state or federal income tax from payment to CONSULTANT; *CITY will not make disability insurance contributions on behalf of CONSULTANT; *CITY will not obtain workers' compensation.insurance on behalf of CONSULTANT. -4- 4851- 9718 -0697v1 LAC104706083 ARTICLE 6. OBLIGATIONS OF CITY Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT'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 CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT'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 Consultant Should CONSULTANT 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 CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. Not performing M of its services professionally and/or timely. 2. CONSULTANT'S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT 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 CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT'S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses -5- 4851- 9718 -0697v1 LAC104706083 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 CONSULTANT for the performance of that task pursuant to this Agreement. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONSULTANT 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, CONSULTANT, at the CONSULTANT'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 CONSULTANT to CITY. Transition After Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT 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 CONSULTANT'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 CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either. Compliance With Laws The CONSULTANT 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, CONSULTANT 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. CONSULTANT: CITY: R. Anthoonn- Briganlino, MAI 14y: ROY By: c °" " VI A34rdiAigt; -e-ko r (Print Name) (Print Name) Address for Notices: Address for Notices: 18921 Portola Drive, Suite F 7351 Rosanna Street Salinas, CA 93908 Gilroy, CA 95020 Attn: Tony Brims Attn: City Administrator Social Security or Taxpayer tClerk Identification Number: 77- 0410803 Approved as to Form: 6W41M j City Attorney )7bl (-6 umn n -8- 4851- 9718 -06970 LAC104706083 EXHIBIT "A" I. SCOPE OF SERVICES II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence services upon delivery to CONSULTANT of written Notice to Proceed.. B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has satisfactorily completed all of the services defined under this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT 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 CONSULTANT has not satisfactorily completed all of such services, CITY shall so inform CONSULTANT within this two (2) week period. III. SCHEDULE 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. CONSULTANT 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 CONSULTANT 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 CONSULTANT'S representations and -9- 4851- 9718 -06970 LAC104706083 warranties regarding its skills, qualifications and licenses. CONSULTANT 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 CONSULTANT CONSULTANT 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 CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT 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 CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), 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 CONSULTANT, 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 CONSULTANT 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. CONSULTANT 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 -06970 LAC104706083 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. CONSULTANT 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 CONSULTANT and that no person associated with CONSULTANT 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 W SCOPE OF SERVICES R. Anthony Brigantino, MAI shall be responsible for the following services: 1. Evaluate Prime Agricultural Lands and Lands of Statewide Importance within the City of Gilroy `Preferred Preservation Areas' (attached) for the purpose of determining an in -lieu payment fee for the city's Agricultural Mitigation Program. Under section 1.02(B)(3) of the Program, an in -lieu fee is based upon the lowest appraisal of purchasing development rights in the referenced `Preferred Areas." 2. To the maximum extent possible, Consultant will lean towards locating a property that is approximately 25 acres in size. If this is not possible, a comparable portion of a larger site may be utilized for appraisal purposes. 3. Consultant will present property selection(s) to City staff prior to completion of the appraisal to ensure the necessary considerations are included. 4. Site selection considerations by Consultant will include: a. Property is not be located in FEMA Zone A —100 year flood zone. b. Property is vacant, with no significant easements /constraints. c. Property is actively farmed for annual agricultural production. 5. Consultant will provide a report to the city describing the evaluation process and . establish a benchmark in -lieu appraisal fee for use under the city's Agricultural Mitigation Program. 6. The final report will also include parameters of the resulting appraisal fee, including but not limited to additional considerations for future evaluations and updates to the fee and/or Program. SCHEDULE R. Anthony Brigantino, MAI shall complete the stated Scope of Services within 60 days. EXHIBIT "B" PAYMENT. SCHEDULE Payment to R. Anthony Brigantino, MAI for completion of the project shall not exceed $4,500.00. Business, Transportation & 1lousing A t:ncy OFFICE OF REAL ESTATE APPRAISERS REAL ESTATE APPRAISER Ralph A. Brigantino has SUCCCSSllllly 111Ct the requirements for a license as a residential and State ol'California and is, therefore, entitled to use the title: ICEN S E mercial real estate appraiser in t "Certified General Real Estate Apprai'sei" This license has been issued in accordance with the provisions ol'the Reel F�:state Appraisers' L.icensino and Certification Law. OREA APPRAISER IDENTIFICATION NUMBER: AG 006530 Effective Dater April 30, 2013 Date Expires: April 29, 2015 .lim �;—rt i n, Di •ector, OREA 3006648 CERTHOLDER COPY NG P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 09 -16 -2014 CITY OF GILROY NG 7351 ROSANNA ST GILROY CA 85020 -6141 GROUP: POLICY NUMBER: 1460552 -2014 CERTIFICATE 10: 24 CERTIFICATE EXPIRES: 07- 01-2015 07 -01- 2014/07 -01 -2015 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded' by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07 -01 -2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER BRIGANTINO, RALPH ANTHONY AND BRIGANTINO, NG CHRISTINA DBA: BRIGANTINO & COMPANY 18921 PORTOLA DR STE F SALINAS CA 93908 IJJG,CS] (REV.7 -2014) PRINTED : 09 -16 -2014 Appraisers Professional Liberty Real Estate A p p International Liability Underwriters. Date Issued Policy Number Previous Policy Number 05/28/2014 LIU004113 -013 LIU004113 -012 LIBERTY INSURANCE UNDERWRITERS INC. (A Stock Insurance Company, hereinafter the "Company ") 55 Water Street, 18th Floor New York, NY 10041 THIS IS A CLAIMS MADE AND REPORTED POLICY. PLEASE READ IT CAREFULLY. Item DECLARATIONS 1. Customer ID: 133061 Named Insured: BRIGANTINO & COMPANY Ralph Anthony (Tony) Brigantino 18921 Portola Drive, Suite F Salinas, CA 93908 2. Policy Period: From: 05/25/2014 To: 05/25/2015 12:01 A.M. Standard Time at the address stated in Item 1. 3. Deductible: $1,000 Each Claim 4. Retroactive Date: 05/25/1995 5. Inception Date: 05/25/2002 6. Limits of Liability: The Limit of Liability for Each Claim and in A. $1,000,000 Each Claim the Aggregate is reduced by Damages and B. $2,000,000 Aggregate Claims Expenses as defined in the Policy. 7. Mail all notices, including notice of claim, to Agent: — — L -IA Administrators -&- Insurance- Services 1600 Anacapa Street Santa Barbara, California 93101 _(805)962 -0652 8. Annual Premium: $4,510.00 9. Number of Appraisers: 2 10. Forms attached at issue: LIA002 (10 /11) LIA009 (08/11) LIA012 (08/11) LIA013 (08/11) LIA018 (03/10) LIA020 (03/10) LIA023 (08/11) LIA025 (03/10) OFAC (08/09) This Declarations Page together with the completed and signed Policy Application including all attachments and exhibits thereto, and the By LIA001 (04/10) Authorized Signature Liberty_ Real Estate Appraisers Professional International Liability Underwriters. LIBERTY INSURANCE UNDERWRITERS INC. (A Stock Insurance Company, hereinafter the "Company ") Named Insured: BRIGANTINO & COMPANY Policy Number: LIU004113 -013 Ralph Anthony (Tony) Brigantino Effective Date: 05/25/2014 Customer 1D: 133061 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL COVERED PERSONS ENDORSEMENT It is agreed that Section IV of the Policy, Definition (I) is amended to include: "Insured" means: The persons identified below, but only while acting on behalf of the Named Insured: Name Ralph Anthony Brigantino Nicholas S. Davis Page 1 of 1 LIAO12 (08/11) Coverage Principal/Owner, Effective Date Appraiser or Trainee 05/25/2014 Principal/Owner 05/25/2014 Appraiser Liberty Real Estate Appraisers Professional International Liability Underwriters. LIBERTY INSURANCE UNDERWRITERS INC. (A Stock Insurance Company, hereinafter the "Company ") Named Insured: BRIGANTINO & COMPANY Policy Number: LIU004113 -013 Ralph Anthony (Tony) Brigantino Effective Date: 05/25/2014 Customer U): 133061 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL PROPERTY APPRAISAL ENDORSEMENT It is agreed that the following Insureds have been approved by the Company to perform Professional Services involving commercial property: Insured Ralph Anthony Brigantino All other terms and conditions of this Policy remain unchanged. Page 1 of 1 LIAO13 (08/11) Effective Date of Approval 05/25/2014 AC RU CERTIFICATE OF LIABILITY INSURANCE OW29/ -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_ ADD, 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. It SUBROGATION IS WAIVED, subject to the tens 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 ANTHONY F VILLAFRANCA (AGENT) 560 EAST ALISAL STREET SALINAS, CA 93905 NAME ANTHONY F VILLAFRANCA IAGENTI PHONE - FA% "° 6sa.viilafrance.lk7 .Com INSURM S AFFORDING COVERAGE NAIL e INSURER A: State Farm Fire and Casually Compow Y INSURED RANTHONY BRIGANTI NO, alsuRale: 0996/2015 UISURERC' f 2,000,000 DBA BRIGANTINO & COMPANY Is 300,000 18921 PORTOLA DR STE F INSURER D' ' f 10,000 PERSONAL 8 ADV INJURY f 2,000,000 SALINAS, CA 93908 INSURERE: GENERAL AGGREGATE R08URER F: GEN'L AGGREGATE LIMIT APPLIES PER POLICY LOC CERTIFICATE NUMBER: REVISION NUMBEK: COVERAGES 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 REOUIREMENT, 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 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I TYPE OF INSURANCE ! SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN POLICY NUMBER— Y EFF A LIMITS A GENERAL UABnJ1Y X COMMERCIAL GENERAL LIABILITY X J CLAIMS -MADE C OCCUR Y 97-QE-2 S08� 1 0818/2014 0996/2015 ' EACH OCCURRENCE f 2,000,000 Mt ES t ATRenoe Is 300,000 MED EXP (Arty one oaraoa) ' f 10,000 PERSONAL 8 ADV INJURY f 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY LOC PRODUCTS - COMPIOP AGG f 4,000,000 f AUTOMOBILE LIABILITY ANY AUTO ALL OW IED P SCHEDULED AUTOS AUTOS HIRED AUTOS AUTOS µ EED eceldarrt a ODDLY INJURY (Per person) S BODILY INJURY (Per emidenq NI S UMBRELLA LIAR EXCESS LUAB I OCCUR CINMSAMADE EACH OCCURRENCE Is _ AGGREGATE ! f DED RETENTION S = WORKERS COMPENSATION AND EIS LIABILITY ANY PROPRIETORIPARTNERIMMCUTIVE YIN OFFICENEMBER EXCLUDED? (ManddM in NH) If yea. dmita under Sbalaw NIA I I S it run O R E L EACH ACCIDENT f - -- E.L. OtSEASE - EA EMPLOYEE f E L. DISEASE - POLI CY L1MR 5 -7 DESCRIPTION OF OPERATIONS I LOCATIONS I VEIGCLES (Attwh ACORD IN, Additional Remarks Sdmdsde, If more apnea Is squired) Additional Insured: The City of Gliroy, , its officers,representatives and employees 7351 Rosanna Street Gilroy, Ca 95020 -6197 --e e■naV= unl n=n CAN60t I A t9 T`Jlfit- U7 AWKU bvKrvel�R 'tvn. rra nynu raaa■rvu. ACORO 25 (2010105) The ACORD name and logo are registered marks RD 1001486 132849.7 03-01 -2012 The City of Gilroy , Community Development Dept. p SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Atten: Stan Ketchum ACCORDANCE WITH THE POLICY PROVISIONS. 7351 Rosanna Street Gilroy, Ca 950204197 AMWMM REPRESENTATIVE cie- _r t9 T`Jlfit- U7 AWKU bvKrvel�R 'tvn. rra nynu raaa■rvu. ACORO 25 (2010105) The ACORD name and logo are registered marks RD 1001486 132849.7 03-01 -2012 FE-66M Page 1 of 1 SECTION II ADDITIONAL INSURED ENDORSEMENT Policy No.: 97- QE- 2308 -4 ".,..•.. Narrked Insured: .,....�, BRIGANTINO, R ANTHONY DBA BRIGANTINO & COMPANY 18921 PORTOL-A DR STE F SALINAS CA 93908 -1296 Additional Insured (include address): CITY OF GILROY, ITS OFFICERS, REPRESENTATIVES, AGENTS & EMPLOYEES, COMMUNITY DEVELOPMENT DEPT ATTN STANKETCHUM 7351 ROSANNA ST GILROY CA 95020 -6196 WMO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "x' in the box. ❑ Primary Insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other provisions of the policy apply.