HomeMy WebLinkAboutPersonal Impressions - 2016 AgreementAGREEMENT FOR SERVICES
-(For contracts over $5,000 — NON - DESIGN, NON - ENGINEERING TYPE CONTRACTOR)
This AGREEMENT made this 29 day of Jam, 2016, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONTRACTOR: Tim Collins Personal ImpressionsPaint Company, having a principal place
of business at 331 El Cerrito Way Gilroy, California.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on July 29, 2016 and will continue in effect through June
30, 2021 unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreem�
terminate this Agreement regardless of any other provision stated herein.
Initial
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
A. Specific Services
CONTRACTOR agrees to: Perform the services as outlined in Exhibit "A" ( "Specific
Provisions ") and Exhibit "B" ( "Scope of Services "), within the time periods described in
Exhibit "C" ( "Milestone Schedule")-
B. 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.
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C. 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.
D. 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.
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A. Consideration
In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay
CONTRACTOR the amounts set forth in Exhibit "D" ( "Payment Schedule"). In no event
however shall the total compensation paid to CONTRACTOR exceed 30,000.00.
B. Invoices
CONTRACTOR shall submit invoices for all services rendered.
C. Payment
Payment shall be due according to the payment schedule set forth in Exhibit "D". No payment
will be made unless CONTRACTOR has first provided City with a written receipt of invoice
describing the work performed and any approved direct expenses (as provided for in
Exhibit "A ", Section IV) incurred 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.
D. 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
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responsible for any expenses incurred by CONTRACTOR in performing services for CITY,
except for those expenses constituting "direct expenses" referenced on Exhibit "A."
ARTICLE 5. OBLIGATIONS OF CONTRACTOR
A. 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.
B. Workers' Compensation
CONTRACTOR agrees to provide 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 reasonable attorneys' fees, arising out of any injury, disability, or
death of any of CONTRACTOR'S employees.
C. Indemnification. of Liability, Duty to Defend
As to.a111iability, 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.
D. Insurance
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. 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.
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E. 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.
F. 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;
o CITY will not obtain workers' compensation insurance on behalf of
CONTRACTOR.
ARTICLE 6. OBLIGATIONS OF CITY
A. 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.
B. 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.
ARTICLE 7. TERMINATION OF AGREEMENT
A. Sale of CONTRACTOR's Business/ Death of CONTRACTOR.
CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR's business no later
than thirty (30) days prior to any such sale. CITY shall have the option of terminating this
Agreement within thirty (30) days after receiving such notice of sale. Any such CITY
termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to
CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after
CITY' receipt of such notice of sale.
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If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated
upon death of CONTRACTOR.
B. 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. CONTRACTOR'S failure to professionally and/or timely perform any of the
services contemplated by this Agreement.
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 completed in accordance with the
terms of this Agreement 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 C" 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 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.
C. 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.
D. 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 the services required hereunder, and shall act in such a manner as to
facilitate any the assumption of CONTRACTOR's duties by any new CONTRACTOR hired by
the CITY to complete such services.
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ARTICLE 8. GENERAL PROVISIONS
A. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement shall be
effective unless and until made in a writing signed by both parties hereto.
B. 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. 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 reasonable 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.
C. 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.
D. Captions
The captions and headings of the various sections, paragraphs and subparagraphs of the
Agreement are for convenience only and shall not be considered nor referred to for resolving
questions of interpretation.
E. 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, ancestry of any employee, applicant
for employment, or any potential subcontractor.
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F. 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.
G. Entire Agreement
This Agreement supersedes any and all prior agreements, whether 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.
No other agreements or conversation with any officer, agent or employee of CITY prior to
execution of this Agreement shall affect or modify any of the terms or obligations contained in
any documents comprising this Agreement. Such other agreements or conversations shall be
considered as unofficial information and in no way binding upon CITY.
13. 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 provisions of any jurisdiction. The 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.
L 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 the parties at the addresses appearing in
Exhibit "A ", Section V.H. 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.
J. Partial Invalidity
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.
K. Time of the Essence
All dates and times referred to in this Agreement are of the essence.
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L. 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.
Executed at Gilroy, California, on the date and year first above written.
CONTRACTOR:
Person m cessions Painting
By: L ak,
Q Name: Timothy Kevin ins
Title: Owner
Social Security or Taxpayer
Identification Number 77- 0404243
Approved as to Form
ity Attorney
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CITY:
[oill V &SIMeM10"
By:
Name: Gabriel Gonzalez
Title: City Administrator
EXHIBIT "A"
SPECIFIC PROVISIONS
I. PROJECT MANAGER
CONTRACTOR shall provide the services indicated on the attached Exhibit "B", Scope of
Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To
accomplish that end, CONTRACTOR agrees to assign Tim Collins, who will act in the capacity
of Project Manager, and who will personally direct such Services.
Except as may be specified elsewhere in this Agreement, CONTRACTOR shall furnish all
technical and professional services including labor, material', equipment, transportation,
supervision and expertise to perform all operations necessary and required to complete the
Services in accordance with the terms of this Agreement.
II. NOTICE TO PROCEED /COMPLETION OF SERVICE
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CONTRACTOR shall commence the Services upon delivery to CONTRACTOR of a written
"Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication
from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or
letter authorizing commencement of the Services. For purposes of this Agreement, CSO. Rachel
Munoz shall be the designated City contact person(s). Notice to Proceed shall be deemed to
Wave been delivered upon actual receipt by CONTRACTOR or if otherwise delivered as
provided in the Section V.H. ( "Notices ") of this Exhibit "A ".
B. COMPLETION OF SERVICES
When CITY determines that CONTRACTOR has completed all, of the Services in accordance
with the terms of 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 completed all of the
Services as required by the terns of 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 completed all of such Services as required by this Agreement, CITY shall so inform
CONTRACTOR within this two (2) week period.
III. PROGRESS SCHEDULE
The schedule for performance and completion of the Services will be asset forth in the attached
Exhibit "C ".
IV. PAYMENT OF FEES AND DIRECT EXPENSES
Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement.
4835.22674361v1
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Direct expenses are charges and fees not included in Exhibit `B ". 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.
V. OTHER 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
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.
Any plans, designs, specifications, estimates, calculations„ reports and other documents furnished
under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for
acceptance shall be a product of neat appearance, well - organized, technically and, grammatically
correct, checked and having the maker and checker identified. The minimum standard of
appearance, organization and content of the drawings shall be that used by CITY for similar
purposes.
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. CONTRACTOR shall not be
responsible for the accuracy of any project or technical information provided by the CITY. The
CITY'S review, acceptance or payment for any of the, Services 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 California 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.
4835- 2267 -0361v1 _2_
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D. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not
limited to, computer data and source code), drawings, descriptions, documents, discussions or
other information developed or received by or for CONTRACTOR and all other written and oral
information developed or received by or for CONTRACTOR and all other written and oral
information submitted to CONTRACTOR in connection with the performance of this Agreement
shall be held confidential by CONTRACTOR and shall not, without the prior written consent of
CITY, be used for any purposes other than the performance of the Services, nor be disclosed to
an entity not connected with the performance of the such Services. Nothing, furnished to
CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally
known to the related industry (other than that which becomes generally known as the result of
CONTRACTOR'S disclosure thereof) shall be deemed confidential. CONTRACTOR shall not
use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under
this Agreement in any magazine, trade paper, newspaper or other medium without the express
written consent of CITY.
E. 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.
F. OWNERSHIP OF MATERIAL.
All material including, but not limited to, computer information, data and source code, sketches,
tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps,
calculations, photographs, reports and other material developed, collected, prepared (or caused to
be prepared) under this Agreement shall be the property of CITY, but CONTRACTOR may
retain and use copies thereof subject to Section V.D of this Exhibit "A".
CITY shall not be limited in any way in its use of said material at any time for any work,
whether or not associated with the City project for which the Services are performed. However,
CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR from,
damages resulting from the use of said material for work other than PROJECT, including, but
not limited to, the release of this material to third parties for work other than on PROJECT.
G. 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.
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H. NOTICES.
Notices are to be sent as follows:
CITY: C/O Graffiti Abatment Officer Rachel Munoz
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONTRACTOR: TimothyKevinCollins
Personal Impressions
33181 Cerrito Way
Gilroy, California 95020
I. FEDERAL FUNDING REQUIREMENTS.
❑ If the box to the left of this sentence is checked, this Agreement involves federal
funding and the requirements of this Section V.I. apply.
If the box to the left of this sentence is checked, this Agreement does not involve
federal funding and the requirements of this Section V.I. do not apply.
CONTRACTOR shall comply with the requirements of Title 49, Part 26, Code of Federal
Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs.
2. Cost Principles
Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable
cost for individual items.
3. Covenant against Contingent Fees
The CONTRACTOR warrants that he/she has not employed or retained any company or person,
other than a bona fide employee working for the CONTRACTOR, to solicit or secure this
Agreement, and that he /she 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 formation of this Agreement. For
breach or violation of this warranty, the Local Agency shall have the right to annul this
Agreement without liability or, at its discretion, to deduct from the agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
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EXHIBIT «B»
SCOPE OF SERVICES
1. Personal Impressiosn, paint contractor Tim Collins, has accepted to continue, abating graffiti
for the City of Gilroy for the next three years. Personal Impressions understands he is on call and
will be responsible for abating graffiti only on City of Gilroy public property. City property will
include bridges, bridge support walls, sound walls, and wood fences located along the freeway
corridors, City owned murals and other related miscellaneous city property.
2. He also understands City standards and recognizes the importance of color matching paint to
the affected graffiti spots and areas.
3. Paint contractor will be available year round, weekends, holidays, nights and understands he
needs to have a very flexible schedule.
4. All graffiti will be abated by the paint contractor within 24 to 48 hours.
5. Paint contractor will be contacted via a landline, cell phone or email informing him of
existing graffiti in the City of Gilroy.
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EXHIBIT "C"
MILESTONE SCHEDULE
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EXHIBIT "D"
PAYMENT SCHEDULE
1. At the end of each month, Paint contractor Tim Collins will provide statements of all
graffiti that has been abated per the request of the City of Gilroy Garffiti Abatement Officer.
2. All statements will be reviewed, processed and once approved will be routed for payment.
4835 - 2267 -03610
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A`� °® CERTIFICATE OF LIABILITY INSURANCE
D6/29/2076Y)
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 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).
PRODUCER
CONTACT Erin HOsler
NAME:
PHONE (831)233 -7199 uc x;(866)835 -6983
The Liberty Company Insurance Brokers
AD DDRESS ,ehosler @libertycompany.com
615 San Benito Street, #101
INSURER(S) AFFORDING COVERAGE
NAIC#
EACH OCCURRENCE
INSURER A.-Security National Ins Co
19879
Hollister CA 95023
INSURED
INSURER a:
MED UP (Any one Person)
INSURER C:
Personal Impressions
INSURER D:
$ 1,000,000
331 El Cerrito Way
INSURER E,
GENERAL AGGREGATE
$ 2,000,000
INSURER F:
$ 1,000,000
Gilroy CA 95020
COVERAGES CERTIFICATE NUMBER2016 Master 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
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EPF
POLICY UP
OMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE �% OCCUR
X
1111,105295004
4/27/2016
4/27/2017
EACH OCCURRENCE
$ 1,000,000
- �AZT7C) N
PREMISES Ea a pmence
$ 50,000
MED UP (Any one Person)
$ 5,000
PERSONAL B ADV INJURY
$ 1,000,000
GEN'L
1t.
AGGREGATE LIMIT APPLIES PER
POLICY PRO LOC
OTHER.
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS- COMPIOPAGG
$ 1,000,000
$
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
HIRED AUTOS AUTOS
COMBINED SINGLE LIMIT
Ea accident
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per eccldeM
$
UMBRELLA UAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
DED RETENTION
S
WORKERS COMPENSATION
AND EMPLOYERS' UASILITY YIN
ANY OFFICERIMEIMBER EXCLUDED' ECUTIVE ❑
(Mandatory In NH)
We es, describe under
DESCRIPTION OF OPERATIONS bel.
N /A
I PER O H-
STATUTE ER
E.L. EACH ACCIDENT
$
E L. DISEASE - EA EMPLOYE
$
E.L. DISEASE- POLICY LIMIT
I S
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addmonel Remarks Schedule, may be adached H more apace Is required)
RE: All California Operations
The City of Gilroy, its officers and employees are additional insured per the attached 49 -0108 07 11.
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
ACORD 25 (2014101)
INS025 nm4ml
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
Erin Hosler /EHOSLE 8>r.<_'iboc�L
®1988 -2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
THIS ENDORSELOEM CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSUREDS -
OWNERS, LESSEES OR CONTRACTORS
,Mss kw&w=prmftWwdsrftft9omdV
COMMOWIAL GENSPAL LIABILITY COVE iAGE PART
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YAK LWATM THROUGHOUT ALAMEDA, NPME, AMADOR, BURS: CALAVERAS, COLUSA,
CONIPA COWA, DEL NORTE, ELDORADO. FRESNO. GLEW HUMBOLDT NPERIAL, RM
K9% NNGA LAKE, LAMM LOB ANMM MADERA MARM , MARtF CSAo MENDOOM.
ROMER MODOC. MONO, MONTEREY, NAPA, NEVADA, CRAMQE, R ADER , PLUMAS ,
RNERMOE, SA WAENTO. SAN W00. SAN CIA ND, SAN DIEAO, SAN RW4018M
SAN JOAM M, SAN LUIS COMO, SAN MATED, SANTA BARBARA, SANTA CLARA, SANTA ME.
SHASTA, BERRA, SISKMDU, SOLAN0. SONOMA, STANISLAUS . S MER . TEHAMA , TRNN,
TULARE. TOOL.UMNE. VENTURA. POLO. AND YLSA000NTIEM CA
Eoffik
I
4941990r 11 MOY t w W Servb w aftM dm. Page 1 arl D
IDS Property Casualty Insurance Company RENEWAL DECLARATION
3500 Packerland Drive
De Pere, WI 54115 -9070
CALIFORNIA
POLICY NUMBER: AI01360117
POLICY PERIOD: 0710512016 - 0110512017
12:01 AM Standard Time
LAPSE IN COVERAGE: NONE
Elizabeth D Collins
Timothy Collins FOR CLAIMS SERVICE CALL:
331 El Cerrito Way 1- 888404 -5365
Gilroy,,CA 95020 -4432 FOR CLIENT SERVICE CALL:
1- 8854045365
1
COVERAGEILIMIT
2007 ACUR
MDX AWD
i3 2005 CHEV 6
i SLVR RD 250
2007 TYTA
COROLLA CEI
BODILY INJURY LIABILITY
$82'00
$84.00
$132.00
$250,000 EACH PERSON
_
$500,000 EACH ACCIDENT
t
PROPERTY DAMAGE LIABILITY
INCL
INCL
INCL
$100;000 EACH ACCIDENT
MEDICAL EXPENSE - EXCESS COVERAGE
INCL
INCL
INCL
$5,000 EACH PERSON
UNINSURED MOTORIST BODILY INJURY
$6.00
$7.00
$10.00
$25,000 EACH PERSON
$50,000 EACH ACCIDENT
UNINSURED MOTORIST PROPERTY DAMAGE
$1.00
$3.00
CAR 1- WAIVER OF COLLISION DEDUCTIBLE
CAR 3- WAIVER OF COLLISION DEDUCTIBLE
CAR 6-LIMIT $3,500
COLLISION
$122.00
$53.00
NONELECT
DEDUCTIBLES CAR 14100 3 -$500
COMPREHENSIVE i
$27.00
$5.00
$9.00
DEDUCTIBLES CAR 1-$100 3- $500 6 -$250
TOWING AND LABOR COSTS
$5.00
$5.00
NONELECT
$75 PER DISABLEMENT
RENTAL EXPENSE
$12.00
$6.00
NONELECT
$50 PER DAY /$1500 PER OCCURRENCE
CONSOLIDATED VEHICLE ASSESSMENT FEE $0.87 $0.87 $0.87
TOTAL SEMIANNUAL PREMIUM PER VEHICLE $254.87 $161.87 $154.87
CONVENIENCE FEE* - $5.00
TOTAL SEMIANNUAL PREMIUM ALL VEHICLES - $576.61
Coverage is provided only when both a premium and limit are shown.
*Convenience Fee is $4 per monthly installment if payment is made by credit/debit card or $1 per monthly installment for a preauthorized withdrawal method
adca0la (001)
nenenmc
c
DRIVER INFORMATION
I. Elizabeth D Collins 4.
2. Timothy Collins t, 5.
* 3. Emily Marie Collins 6.
QUALIFIES FOR GOOD STUDENT DISCOUNT
+ QUALIFIES FOR MATURE DRIVER DISCOUNT
p EXCLUDED DRIVER
CAR INFORMATION CARS KEPT AT LOCATION OTHER THAN RESIDENCE
2007 ACUR 2HNYD28487H502233
2005 CHEV IGBHC29U65E228014
2007 TYTA JTDBR32EX70114736
YOUR POLICY HAS THE FOLLOWING DISCOUNTS:
MULTI -CAR, PREMIER SAFETY, TENURE, MULTI PRODUCT, COSTCO
2007 ACUR - DUAL AIRBAG, GOOD DRIVER
2005 CHEV - DUAL AIRBAG, GOOD DRIVER
2007 TYTA - DUAL AIRBAG
YOUR POLICY HAS THE FOLLOWING ENDORSEMENTS:
SPECIAL EQUIPMENT /CUSTOMIZATION: NONE
LIENHOLDER INFORMATION
2005 CHEV SLVR HD 2500 2WD - Hitachi Capital America Corp Minneapolis, MN
cdec09 - CA
POLICYHOLDER COPY
P.O. BOX 8192, PLEASANTON, CA 94588
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 11 -01 -2015
CITY OF GILROY NA
7351 ROSANNA ST
GILROY CA 95020 -6141
GROUP:
POLICY NUMBER: 9095403 -2015
CERTIFICATE ID: 3
CERTIFICATE EXPIRES: 11-01 -2016
11 -01- 2015/11 -01 -2016
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 10 days advance written notice to the employer.
We will also give you 70 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 bb_y, the ppoolilliiic/cyy�descGbed 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.
EMPLOYER
COLLINS, TIMOTHY K. DBA: PERSONAL IMPRESSIONS
331 EL CERRITO WAY
GILROY CA 85020
M0409
IRE V.7 -1014)
PRINTED : 10 -18 -2015
ZJ
CONTRACTORS
dC� LICESE
ENCENSERD 0
645936 INDIV
PERSONAL IMPRESSIONS
m..M..,.., C33
,., .. 05/31/2018 www.cslb ca gov