HomeMy WebLinkAbout2008 CON CDC Bathtubs and Sinks Refinishing - Bathtub Kimball HouseAGREEMENT
BY AND BETWEEN
THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY
AND
BATHTUBS AND SINKS REFINISHING COMPANY
THIS AGREEMENT is entered into this 5th day of June, 2008, by and
between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY, a municipal corporation (the "CDC"), and BATHTUBS AND SINKS
REFINISHING COMPANY (the "CONTRACTOR").
RECITALS
WHEREAS, the CDC desires to employ a CONTRACTOR to refinish the
second floor bathtub in the historic Kimball House.
WHEREAS, the CDC has determined that the CONTRACTOR. is a
bathtub refinisher and is qualified by experience and ability to perform the services
desired by the CDC, and the CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CDC hereby agrees to
engage the CONTRACTOR, and the CONTRACTOR hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONTRACTOR represents that all services required hereunder will
be performed directly by the CONTRACTOR, or under direct supervision of the
CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services
as set forth in the attached Exhibit "A".
The CONTRACTOR shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CDC for such services, except
as authorized in advance by the CDC. The CONTRACTOR shall keep staff and the
Community Development Commission advised of the progress on the project.
The CDC may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the
CONTRACTOR under this Agreement. Upon doing so, the CDC and the
CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
Revised August 2005
corresponding reduction or increase in the compensation associated with said change
in services, not to exceed a factor of 10% from the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Rick Hernandez hereby is designated as the Project Coordinator for the CDC and will
monitor the progress and execution of this Agreement. The CONTRACTOR shall
assign a single Project Director to provide supervision and have overall responsibility for
the progress and execution of this Agreement for the CONTRACTOR. Robbin Adams
thereby is designated as the Project Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed.
Billings shall include labor classifications, respective rates, hours worked and also
materials, if any. The total cost for all work described in Exhibit "A" shall not exceed
$495 (the Base amount) without prior written authorization from the Redevelopment
Manager. Monthly invoices will be processed for payment and remitted within thirty (30)
days from receipt of invoice, provided that work is accomplished consistent with Exhibit
"A"as determined by the CDC.
The CONTRACTOR shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred and shall make such materials available at its office at all reasonable times
during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CDC and for furnishing of copies to the
CDC, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations
for the Project as described in Exhibit "A" shall be by or before June 19, 2008.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS.
Memoranda, reports, maps, drawings, plans, specifications and other documents
prepared by the CONTRACTOR for this Project, whether paper or electronic, shall
become the property of the CDC for use with respect to this Project, and shall be turned
over to the CDC upon completion of the Project, or any phase thereof, as contemplated
by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR
hereby assigns to the CDC, and CONTRACTOR thereby expressly waives and
disclaims, any copyright in, and the right to reproduce, all written material, drawings,
plans, specifications or other work prepared under this Agreement, except upon the
CDC's prior authorization regarding reproduction, which authorization shall not be
unreasonably withheld. The CONTRACTOR shall, upon request of the CDC, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
The CONTRACTOR agrees that the CDC may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
CONTRACTOR's written work product for the CDC's purposes, and the CONTRACTOR
2 Revised August 2005
expressly waives and disclaims any residual rights granted to it by Civil Code Sections
980 through 989 relating to intellectual property and artistic works.
Any modification or reuse by the CDC of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CDC, or for any liability to the CDC should the documents be used by the CDC
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint venturers with one another. Neither the
CONTRACTOR nor the CONTRACTOR'S employees are employees of the CDC and
are not entitled to any of the rights, benefits or privileges of the CDC's employees,
including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the
CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the
parties that a substantial inducement to the CDC for entering into this Agreement was,
and is, the professional reputation and competence of the CONTRACTOR and its
employees. Neither this Agreement nor any interest herein may be assigned by the
CONTRACTOR without the prior written consent of the CDC. Nothing herein contained
is intended to prevent the CONTRACTOR from employing or hiring as many employees
or subcontractors as the CONTRACTOR may deem necessary for the proper and
efficient performance of this Agreement. All agreements by CONTRACTOR with its
subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this
Agreement.
8. CONTROL. Neither the CDC nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR, or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR
expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's
agents, servants or employees are in any manner agents, servants or employees of the
CDC, it being understood that the CONTRACTOR, its agents, servants and employees
are as to the CDC wholly independent contractors, and that the CONTRACTOR's
obligations to the CDC are solely such as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable
state and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted.
The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current
City of National City business license prior to and during performance of any work
pursuant to this Agreement.
3 Revised August 2005
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications and approvals of whatever
nature that are legally required to practice its profession. The CONTRACTOR
represents and covenants that the CONTRACTOR shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit or
approval which is legally required for the CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CONTRACTOR's trade or profession currently
practicing under similar conditions and in similar locations. The CONTRACTOR shall
take all special precautions necessary to protect the CONTRACTOR's employees and
members of the public from risk of harm arising out of the nature of the work and/or the
conditions of the work site.
B. Unless disclosed in writing prior to the date of this
agreement, the CONTRACTOR warrants to the CDC that it is not now, nor has it for the
five (5) years preceding, been debarred by a governmental agency or involved in
debarment, arbitration or litigation proceedings concerning the CONTRACTOR's
professional performance, or the furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success
of the project the CONTRACTOR has been retained to perform, within the time
requirements of the CDC, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONTRACTOR has notified the CDC
otherwise, the CONTRACTOR warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CDC are reasonably
commercially available. Any failure by the CONTRACTOR to use due diligence under
this sub -paragraph will render the CONTRACTOR liable to the CDC for any increased
costs that result from the CDC's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONTRACTOR will take positive action to
insure that applicants are employed without regard to their age, race, color, ancestry,
religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. Such action shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by
the CDC setting forth the provisions of this non-discrimination clause.
4 Revised August 2005
13. CONFIDENTIAL INFORMATION. The CDC may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The
CONTRACTOR shall treat all such information as confidential and shall not disclose
any part thereof without the prior written consent of the CDC. The CONTRACTOR shall
limit the use and circulation of such information, even within its own organization, to the
extent necessary to perform the services to be provided herein. The foregoing
obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly available sources of information; (ii) is, through no
fault of the CONTRACTOR, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONTRACTOR without any
obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CDC. In its performance hereunder,
the CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CDC for any damages caused by breach
of this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify, and hold harmless the Community Development
Commission of the City of National City, its officers and employees, against and from
any and all liability, loss, damages to property, injuries to, or death of any person or
persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys'
fees, and defense costs, of any kind or nature, including workers' compensation claims,
of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's
negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of California, the applicable provisions of Division 4 and 5 of the California
Government Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and
employees from and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including reasonable
attorney's fees and defense costs presented, brought or recovered against the CDC or
its officers, employees or volunteers for, or on account of, any liability under any of said
acts which may be incurred by reason of any work to be performed by the
CONTRACTOR under this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense,
shall purchase and maintain, and shall require its subcontractors, when applicable, to
5 Revised August 2005
purchase and maintain throughout the term of this agreement, the following insurance
policies:
® A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $1,000,000 combined single limit per accident. Such automobile insurance shall
include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONTRACTOR's
employees.
E. The aforesaid policies shall constitute primary insurance as to the
CDC, its officers, employees, and volunteers so that any other policies held by the CDC
shall not contribute to any loss under said insurance. Said policies shall provide for
thirty (30) days prior written notice to the CDC of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CDC and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made"
rather than "occurrence" form, the CONTRACTOR shall maintain such insurance
coverage for three years after expiration of the term (and any extensions) of this Agree-
ment.
H. Any aggregate insurance limits must apply solely to this Agree-
ment.
I. All insurance required by this Agreement shall be provided by
insurers licensed to do business in the State of California which are rated "A, VIII" or
better by the current Best's Key Rating Guide and approved by the City's Risk Manager.
Insurance may be accepted from a non -admitted, surplus lines carrier provided that
insurer is included in the current California List of Eligible Surplus Lines Insurers (LESLI
list) and otherwise meets the approval of the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as
a breach of this Agreement and terminate the Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements, or any
inaccuracies in any of the representations and warranties on the part of the other party
arising out of this Agreement, then in that event, the prevailing party in such action or
dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
6 Revised August 2005
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action or
suit shall not be considered in determining the amount of the judgment or award.
Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited
to the amount of attorney's fees incurred by the CDC in its prosecution or defense of
the action, irrespective of the actual amount of attorney's fees incurred by the prevailing
party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to
settle the dispute by mediation in San Diego, California, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be borne equally by the parties.
Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof,
which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then
existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be bome equally by the
parties to the arbitration, provided that each party shall pay for,and bear the costs of, its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such
expenses or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CDC. Termination without cause shall be effective only upon 60-
day's written notice to the CONTRACTOR. During said 60-day period the
CONTRACTOR shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CDC
for cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement, or the performance
of services, or the failure to perform services as directed by the CDC.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished memoranda
reports, maps, drawings, plans, specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of,
and be delivered to, the CDC, and the CONTRACTOR shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of the Notice of Termination, not to exceed
the amounts payable hereunder, and Tess any damages caused the CDC by the
CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall
vest in the CDC all rights set forth in Section 6.
E. The CDC further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR;
(2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the
CONTRACTOR.
7 Revised August 2005
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered or sent by
overnight mail (Federal Express or the like); or sent by registered or certified mail,
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall
be deemed received upon the earlier of (i) if personally delivered, the date of delivery to
the address of the person to receive such notice, (ii) if sent by overnight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail
chute, or other like facility regularly maintained by the United States Postal Service, (iv)
if given by telegraph or cable, when delivered to the telegraph company with charges
prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the CDC:
To the CONTRACTOR:
Patricia Beard
Redevelopment Manager
City of National City
1243 National City Blvd
National City, CA 91950
Cory Tatz
Bathtub and Sinks Refinishing Company
7742 Topaz Lake Avenue
San Diego CA 92119
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept, or the inability to deliver
because of changed address of which no notice was given, shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy,
facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the Community Development Commission of the City of National City.
The CONTRACTOR also agrees not to specify any product, treatment, process or
material for the project in which the CONTRACTOR has a material financial interest,
either direct or indirect, without first notifying the CDC of that fact. The CONTRACTOR
shall at all times comply with the terms of the Political Reform Act and the National City
Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and
shall not use its official position to influence in any way any matter coming before the
CDC in which the CONTRACTOR has a financial interest as defined in Government
8 Revised August 2005
Code Section 87103. The CONTRACTOR represents that it has no knowledge of any
financial interests that would require it to disqualify itself from any matter on which it
might perform services for the CDC.
❑ If checked, the CONTRACTOR shall comply with all of the
reporting requirements of the Political Reform Act and the National City Conflict of
Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic
Interests with the City Clerk of the City of National City in a timely manner on forms
which the CONTRACTOR shall obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CDC for all damages,
costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by
the CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or Federal, state or legal
holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of
the next day which is not a Saturday, Sunday or Federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are
not a part of this Agreement, and shall not be used for the interpretation or
determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto, to any person or entity
other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the
parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
H. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agree-
ments, negotiations and communications, oral or written, and contains the entire
agreement between the parties as to the subject matter hereof. No subsequent
agreement, representation or promise made by either party hereto, or by or to an
employee, officer, agent or representative of any party hereto, shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
9 Revised August 2005
06/05/2008 TAP 11:53 FAX 619 336 4286 CDC OF NATIONAL CITY a012/013
J. Successors and Assigns. This Agreement shall be binding upon,
and shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (I) each
party is of equal bargaining strength, (ii) each party has actively participated in the
drafting, preparation and negotiation of this Agreement, (ill) each such party has
consulted with, or has had the opportunity to consult with its own, independent Counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this Agreement, (iv) each party and such
party's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement, or any portions
hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
COMMUNITY DEVELOPMENT
OF THE CITY OF NATIONAL CITY
By:
on Morrison, Chairman
APPROVED AS TO FORM:
George H. Eiser, III
CDC Legal Counsel
10
BATHTUB AND SINKS REFINISHING CO
(Corporation - signatures of two corporate officers)
(Partnership - one signature)
(Srle proprietorship - one signature)
By: Orr I k z.
(Name)
Ow4ty
(Title)
BY:
(Name)
Revised August2006
Contract between National City CDC and Bathtub and Sinks Refinishing Company
June 5, 2008
EXHIBIT A
BATHTUB AND SINKS REFINISHING COMPANY
SCOPE OF WORK:
■ Refinish of porcelain tub $295
■ Refinish bathroom countertop $200
Total $495
State OI California
911= CONTRACTORS STATE LICENSE. BOARD
�• ACTIVE LICENSE
Coam m r
Again
560438
INDIV
CORY TATZ BATHTUBS & SINKS
REFINISHING
061 /D 12
0?/31 /2009
norm ' 119
;Flay- Ndveinbe, 2005)
Deparimekai ire Treasury
Internet peYeeue Service
R+ quest -for Taxpayer
Identificat`vri Number and Certification
Give form to the
requester. Do not
send to the IRS.
Print or type
See -Specific Instructions on page 2.
Name (as Shown On your ncome tax reiulrj):--
r /�
Cory r0.)1 L Bat— t,?.S t Ji, n_ki R,(Tt n1u),//Iq
Business name, ,f different from'abO4. J
pp Individual/ f
Check appropriate box' C I♦ CoWation ,_,, Fartnersnrp
T yd}e - t - P
(r--+y.''
1�p
t-�+
j Exempt 'rom backuo
C r r vnthnolding
" iQ
Address (number, street, and apt erseltbpio.)
77Y2- taril)._ 1.AXc Avm✓f
Requester's name and adcress (ootiorai)
on. state, and ZIP bode
$en b i l 0 Rz119
f:cA
List account numberO here:(e$tionaf)' .,.. .
Part I
Taxpayer Identification Nu mi r. (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name gtven on Lino 1 to avoid
backup withholding, For individuals, this Is ycur social security number (SSN). However, for a resident
alien, sole proprietor, or disregarded entity, see the {Dart I instructions on page 3. For other entitles, it Is
your employer identification number (EIN). If you do not have a number see How to get a TIN on. page 3.
Note. If the account is in more than one name, see the chart on page 4 for guld•Ilnas on whose
number tc enter.
Part It
Certification
Social security number
j + j
or
Employer Identification number
91s31Y;2;�;a
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. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified 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 nas
notified me tnat I am no longer sub]edttq baoki4.WIthrioldIng, and
3. I am a U.S. person (Including a 'U.S. resident allerl;
Certification instructions. You must cross out Item a above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all :merest and dividends on your tax return. For real estate transactions, item 2 does not apply.
Far mortgage interest (said, acquisition or abandonment of secured property, cancellation of debt, contributions to en individual retirement
arrangement (IRA), and generally, payments other then interest and dividends, you ere not required to sign the Certification, but you must
provide your correct TIN. (See the instructions on page 4.)
Sign signature of
Here u.s. person ►
Purpose of Form
A person who is requires to file an information return with the
IRS, must obtain your correct taxpayer Identification number
(TIN) to report, 'for example, income pain to you, Mai estate
transactions, mortgage interest you paid, adqulsition 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,
(including a resident alien), to provide your correct TIN to the
person requesting it (the requester) and, when applicable, to:
I. Cert!fy that the T-N you are giving is correct (or you are
waiting for a cumber to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholcing if you are a
U.S, exempt payee.
;n 3 above, if appticab!e, you are also certifying that as a
U.S. person, your allocable share of any partnership income
from a U.S. trade Dr business is rot suo)ect to the
withhoidice tax on fcreigr, partners' share of effectively
connected income.
Note.:{ a requester gives you a form other than Form 'dy-9 to
reouest your T'N, you must use the recuester's fern if it. is
suostantiaily similar to this Form
cor tedera tax purposes. Jcu are considered a oersor' -f you
are;
Date ► jit/j/ 0
• An individual who is a citizen or resident of the United
States,
• A partnership, corporation, company, or association
created or organized In the United Stateser under the laws- -
of the•United States, or
• Any estate (other then a foreign estate) or trust. See
Regulations sections 301.7701-6(a) and 7(a) for acditional
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 sucn business. Further, 'n certain cases wnere a
Form W-9 has not been received, a partnership is required to
;,resume 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 ousiness n the
United States, provide Form W-9 to the partnership to
establish your U.S. status and avoid withholding cn your
snare of part-'ersnio income.
The person who gives Form W-9 to the partners...Ip for
purposes of estao'Srinc its U.S. status and avoiding
withnoleing on its ailocable share of net 'rcome fro— the
oartnersnip conducting a :race cr business n the Ln•ted
States s ;n t^a following cases:
• T`e '..S. owner of a disregarded e•'cty and riot the entity,
Cat. Nc. ,C231k 0 W-9 ^Av -2O0T:
JLIN-Ib-ed10c'
! 0•01G1707, 1J11
ACQRD. CERTIFICATE OF LIABILITY INSURANCE
ONO CP QATR OVADirffn
CORYT-1 06/06/08
PAOOucER
JCL Insurance Group, Inc
JPL Insurance Services
3911 5th Avenue, Ste. 302
San Diego CA 92103
Phone:519-220-8014 Fax:619-220-8015
INSURED
Coefvi niShing 'j'atz Bathtube & Sinks
sA9219enucSan Diego CA
COVERAGES
THIS CERTIFICATE 1S ISSUED AS AMATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED 8Y THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INGVfiEH A
YaPloyers Coopsns*Ll,y Ls. C.
INEUtiCR 0
INSURER c:
NMCI
NEMER 0.
INSURER E:
THE
ANY
MAY
POLIGTS.
NOR
.
POUCICS
REOLAREMENT.
PFU
Y—
OF INSURANCE U91 EU UtLUW HAVE BEEN ISSUED TO THE INSURED NAMED
TERM OA COMMON OF ANY CONTRACT OR OTHER OOCUMt-JNT W
RAW, THE INEU(WlWEAPFORDED NY THE POLICIES DESCRIBED HEREIN IS SUBJECT
NaDREAATe I OATS SHOWN MAY HAW. SttN REDU==Q OY PAID CHUMS.
R14I
ADOVr FOR THE POLICY f.EWOO POR'.ATEU. NOTWRRNTANDNG
$PEOT 1 O mini THIS CERTWIGITF MAY BE msuED OR
TO AU THE TERMS, EXCumor4 AND CONDITIONS OF 9111,11
TYPF,grIt8WRMICE
POLICY NYMUER
DP'itgaierMDATE
igar
LINTS
GENERAL
--
UABLT/
Mew UABRT'
EACH OCCURRENCE I
OAR/ DS I W(Fs Warn.*
MOODSCOMMERCIAL
i
CLAIMS MODE ) ' OCCUR
NM) VP (My OM PMOM)
$
PERSONAL 4 ADV INJURY
$
GENERAL "WAWA' t
S
0ENI AGGREGATEtWIT APPLIES PER:
PROOVOTS- VOMPIOP ADC
$
—1POIXW n LOC
AUTOMOOL
__
LIABAITY
ANY AUTO
ALL OWNED AUTOS
UL
SCHEDULED AUTOS
HIRF,D AUTOS
LION -OWNED AUTOSTD9
HOLE LIMIT
Ma Amboy°
I
.__
--
BODILY INJURY
w
(Re Pe')
_
ROPILY INJURY
ENVacdtbM
I
_J
Fir Foeklentl
amine
LIABOlTY
ANY AUTO
AUTO ONLY-EAACCIOCNT
$
71
OTHER THAN Pa Ace
i
AUTO ONLY: AGG
$
OCCESRAIMBREI LA 11A5$.ITY
EACH OCCURRENCE
$
ODOUR CALMS MADE
AOOREGATE
I
OEMICTJBI.E
RL?eN ON 0
7_1I
I
S
A
MAKERS
tpa�rEr�rILJQABBI►YN6wE>ec�IrNE
OfFIGEyMEOMBEH
°itai+i
COMPEILSAITON AND
OANTRAIIDlD+
8081-0308-23772
02/29/08
03/01/09
Z ` ITORY 4>I%SE [ Ins.
41..nuxfADc�txr
11,000t000
1 100,000
s1,000,000
F L DISEASE - EA Eurtzeeks
vA p s o.Dow
EI DISeAse - Palo L T
O HEN
0ELe11PT10N or OANNATION4 / LAGOON* IVNTNCLe61 D$OU0GION* ADDED aY EwDORSEMENT / SPILLIAL PROVISION/
Evidence of Coverage
CERTIFICATE HOLDER
CANCEU.O.TION
City of National City
1243 National City Blvd
National City CA 91950
ACORD 25 (2001/08)
ANOOLD ANT OF THE ABOVE DESCRIBED POLICIES $t CAIr4LL[0 room YHE e0,11101120
DATE THERCOF, THE ISSUNQ USURER MU. ENDEAVOR TO PAL 10 DAYS WRITTEN
NOTROE YO THE OERTRICAT* HOLDEN NAMED TO THE LEFT, DDT FAAANIE TO CO 60 SHALL
eIP00! NO OeATIOW OR LIADIUT OF ANY RPIO UMW THE RNAND R, ITS AGENT. OR
PEPRB$BNTATNUIIG00.
ATNE
Ail 4(a.
O ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endoriement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an
endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing
ineurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
emend, extend or after the coverage afforded by the petioles listed thereon.
AcoRD Z812001/08)
IN3020 mice: oft
Pope of 2
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
June 16, 2008
Mr. Cory Tatz
Bathtub and Sinks Refinishing Company
7742 Topaz Lake Avenue
San Diego, CA 92119
Dear Mr. Tatz,
On June 5th, 2008, an Agreement was entered between the Community
Development Commission of the City of National City and Bathtubs and Sinks
Refinishing Company.
We are enclosing for your records a fully executed copy of the agreement.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: Community Development Commission
® Recycled Paper