HomeMy WebLinkAbout2011 CON Carolyn St Clair - Shadow Box Display CaseAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
CAROLYN ST. CLAIR
THIS AGREEMENT is entered into this 2nd day of July, 2011, by and between
THE CITY OF NATIONAL CITY, (the "City"), and Carolyn St. Clair, a Sole Proprietor (the
"CONTRACTOR".
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to build a Shadow
Box Display Case (40" x 60") with internal light for Community Development Commission
Project Awards as rendered in Exhibit "B".
WHEREAS, the CITY has determined that the CONTRACTOR is a sole
proprietor and is qualified by experience and ability to perform the services desired by the CITY
, and the CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY 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 construct a shadow
box display for the CRA and Phoenix Awards for the Marina Gateway Project as rendered in
Exhibit "A".
The CONTRACTOR shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY .
The CITY 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 CITY and the CONTRACTOR agree to meet in good faith and
confer for the purpose of negotiating a 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.
Patricia Beard hereby is designated as the Project Coordinator for the CITY
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. Carolyn St. Clair thereby is
designated as the Project Director for the CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall not exceed $760.00 plus sales tax (.0875) of 66.55 for a total
compensation of $826.55 (eight hundred twenty-six dollars and fifty-five cents). The total cost
for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the Base
amount) without prior written authorization from the City Manager. Invoice 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 CITY .
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 CITY and for furnishing of copies to the CITY , if requested.
5. ACCEPTABILITY OF WORK. The CITY shall decide any and all
questions which may arise as to the quality or acceptability of the services performed and the
manner of performance, the acceptable completion of this Agreement and the amount of
compensation due. In the event the CONTRACTOR and the CITY cannot agree to the quality
or acceptability of the work, the manner of performance and/or the compensation payable to the
CONTRACTOR in this Agreement, the CITY or the CONTRACTOR shall give to the other
written notice. Within ten (10) business days, the CONTRACTOR and the CITY shall each
prepare a report which supports their position and file the same with the other party. The CITY
shall, with reasonable diligence, determine the quality or acceptability of the work, the manner
of performance and/or the compensation payable to the CONTRACTOR.
6. LENGTH OF AGREEMENT. Completion date shall be 45 days from
execution of this agreement or August 16, 2011.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The 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
CITY for use with respect to this Project, and shall be turned over to the CITY 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 CITY 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 CITY 's prior authorization
regarding reproduction, which authorization shall not be unreasonably withheld. The
CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to
further effectuate this waiver and disclaimer.
The CONTRACTOR agrees that the CITY 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 CITY 's purposes, and the CONTRACTOR 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 CITY of documents, drawings or specifications
prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14
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City's Standard Agreement — May 2008 revision
but only with respect to the effect of the modification or reuse by the CITY , or for any liability to
the CITY should the documents be used by the CITY for some project other than what was
expressly agreed upon within the Scope of this project, unless otherwise mutually agreed.
8. 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 employee of the CITY and are not entitled to any of the
rights, benefits, or privileges of the CITY '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 CITY 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 CITY . Nothing herein contained is intended to prevent the CONTRACTOR from
employing or hiring as many employees, or subCONTRACTOR's, 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.
9. CONTROL. Neither the CITY 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 agents, servants, or employees are in
any manner agents, servants or employees of the CITY , it being understood that the
CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent
CONTRACTOR's and that the CONTRACTOR's obligations to the CITY are solely such as are
prescribed by this Agreement.
10. 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.
11. 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.
12. 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
3
City's Standard Agreement — May 2008 revision
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 CITY 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
CITY , or, when no time is specified, then within a commercially reasonable time. Accordingly,
unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that
all products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due
diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any
increased costs that result from the CITY '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.
13. 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 CITY setting forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY 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 CITY . 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 CITY . 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.
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Citys Standard Agreement — May 2008 revision
CONTRACTOR shall be liable to CITY for any damages caused by breach of
this condition, pursuant to the provisions of Section 14.
15. 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.
all of the provisions of the Workers' Compensation Insurance and Safety Acts of the
California, the applicable provisions of Division 4 and 5 of the California Governmen
all amendments thereto; and all similar state or Federal acts or laws applica
indemnify, and hold harmless the CITY and its officers, and employees fro
claims, demands, payments, suits, actions, proceedings and judgments
description, including reasonable attorney's fees and defense costs p
recovered against the CITY or its officers, employees, or volunteers, f
liability under any of said acts which may be incurred by reason of an
the CONTRACTOR under this Agreement.
17. INSURANCE. The CONTRACTOR, at
purchase and maintain, and shall require its subCONTRACTO
and maintain throughout the term of this agreement, the folio
❑ A. If checked, Professional Liability In
minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering
incurred during the performance of this Agreement,
combined single limit per accident. Such auto
owned, and hired vehicles ("any auto").
C. Commercial general liabili
per occurrence/$2,000,000 aggregate, coven
out of its operations under this Agreement.
D. Workers' compens
statutory requirements covering all of
insurance with limits of at least $1,0
endorsed with a waiver of subroga
provided prior to commencement of
E. The afores
its officers, employees, and vol
contribute to any loss under s
written notice to the CITY o
F. Sai
compensation policies,
additional insureds, a
G.
"occurrence" for
after expiratio
must be on
ate
ith
of
ode and
and shall
nd against all
of -very nature and
sented, brought or
or on account of any
ork to be performed by
sole cost and expense, shall
s, when applicable, to purchase
ing insurance policies:
rance (errors and omissions) with
bodily injury and property damage
th a minimum coverage of $1,000,000
Ile insurance shall include owned, non -
insurance, with minimum limits of $1,000,000
all bodily injury and property damage arising
on insurance in an amount sufficient to meet
NTRACTOR's employees and employers' liability
000 per accident. In addition, the policy shall be
n in favor of the CITY . Said endorsement shall be
ork under this Agreement.
policies shall constitute primary insurance as to the CITY ,
teers, so that any other policies held by the CITY shall not
d insurance. Said policies shall provide for thirty (30) days prior
ancellation or material change.
policies, except for the professional liability and workers'
hall name the CITY and its officers, agents and employees as
separate additional insured endorsements shall be provided.
If required insurance coverage is provided on a "claims made" rather than
, the CONTRACTOR shall maintain such insurance coverage for three years
of the term (and any extensions) of this Agreement. In addition, the "retro" date
before the date of this Agreement.
H. Anelatt?Plsurance imi
5
City's Standard Agreement — May 2008 revision
on y a i or
hold a current policy holder's alphabetic and financial size category rating of not 1- . n A VIII
according to the current Best's Key Rating Guide, or a company equal : ial stability that is
approved by the National City Risk Manager. In the event covera• .rovided by non -admitted
"surplus lines" carriers, they must be included on the m. cent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise mee . ng requirements.
J. This Agreement shall not t. effect until certificate(s) or other sufficient
proof that these insurance provisions have . - complied with, are filed with and approved by
the National City Risk Manager. If t. - • NTRACTOR does not keep all of such insurance
policies in full force and effect - . times during the terms of this Agreement, the CITY may
elect to treat the failur - aintain the requisite insurance as a breach of this Agreement and
terminate the As - ent as provided herein.
All deductibles and self -insured retentions in excess of $10,000 must be
hylkieefrr
18. 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.
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 CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
19. 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 borne 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.
20. TERMINATION. A. This Agreement may be terminated with or without
cause by the CITY . 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 CITY 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 CITY .
6
City's Standard Agreement — May 2008 revision
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
CITY , 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 less any
damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of
said written material shall vest in the CITY all rights set forth in Section 6.
E. The CITY 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.
21. 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 CITY :
To the CONTRACTOR:
Patricia Beard
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Carolyn St. Clair
11240 Manzanita Road
Lakeside, CA 92040
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.
22. 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 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
7
City's Standard Agreement — May 2008 revision
direct or indirect, without first notifying the CITY 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 CITY in which the
CONTRACTOR has a financial interest as defined in Government 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 CITY .
❑ 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 CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONTRACTOR.
23. 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 agreements,
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.
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.
8
Citys Standard Agreement — May 2008 revision
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, (iii) 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.
THE CITY OF NATIONAL CITY
By:
Chris Zapat - , C Manager
A';P'OVED AS TO FORM:
CI .! Ga •it' a Silva
L
el
9
CAROLYN ST. CLAIR, sole proprietor
(Sole propri:. rship - one signature)
By:
Carolyn St.
Owner
//
City's Standard Agreement — May 2008 revision
EXHIBIT "B"
What: A 40" x 60" shadow box display for the CRA and Phoenix Awards for the
Marina Gateway Project. Box will include a Tight fixture to illuminate box
and a small light inserted in the Phoenix Award box to light up the trophy,
with an on/off switch. To be constructed at the vendor's place of
business.
Where: To be located on the 2nd Floor main lobby area
Who: Carolyn St. Clair, vendor #19977
Amount: Total project amount $760 + sales tax of $66.55 = $826.55
Approval: PRC# T452
10
City's Standard Agreement — May 2008 revision
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Use I-orin-W-53-only It you are a U.-S. person (including a resident
alien), to provide your correct TIN to 'the person requesting it 'the
•requesters and; wherrapplleaEtse to
1- Certify that bile TIN you are gives ig r_.0rre t (or you are waiting for a
number to be issued»,
? Certify last you are not subject to bariwp withholding, or
3. Ceiirti exemption from backup widthviding if you are u. U.S. exempt
payee- if appii taffy, you are also certifying that as a U.S. piston, your
allocable share of any partnership income from a U.S. trade or bosh -lets:
is not subject to the wshhsikiing tax on foreign partners' share of
effectively connected income.
Seerat eeeurityvxunber
4Jj I I 1
8� I'1 jj
and
0171
httemal Revenue
notified me that I am
lbject to backup withholding
of apply. For mortgage
u. •tent (IRA}. and
si provide -our correct TIN. See
r3 t/
NOW #r a reaqucsttr gives a form airier than Form Virn foremost
your TIN. you must use the rer'S form if It is substantially similar
to' this forrri"tl: 8.
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person awe ou aria
-*An individual -who` is a U.S. Maxtor U:u rresidentaliori,
� A pre (meatlip, cor4Oratii,?, cgfn parry, or aseoctdttofr cr itea or
organized in the United Slate; or tamer totelaws of the United States,
Ari.estate(ot a thana ign,tare),.or
+ A domestic trust (ae def ned fn Regulations section. 301.7701-7).
•er.,,,•lai asks for pailoseaihipst.Pasitaerships that conduct a trade or
business in the 12.fialtaii Suites aa,+, ^'saraNy required to pay a withholding
tax 04 any-tereigafrpartnerstilharecif income fro,n svth business.
Further, its certain oriels where a Rim, W-H has not been received,a
pat t -iwisttip is required to presume that a partner is -a foreign person,
aud.pxy, the withh adu2g t uc, lisT i Ice,#i you are a US. person that is a
partner in a partnership conduclang'a trade or business in the United
Slates,. provide Fonn W-9. to the perer.rietship to establish your U.S.
status and avoid withholding on your share of partnership income.
Cat in Kd1.231x
Form 1,7-9 ilSay.n :'.Ji ti
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Dalla, CMC - City Clerk
619-336-4228 phone / 619-336-4229 fax
July 27, 2011
Ms. Carolyn St. Clair
11240 Manzanita Road
Lakeside, CA 92040
Dear Ms. St. Clair,
On July 2nd, 2011, an Agreement was entered between you and the City of
National City.
We are enclosing for your records a fully executed original Agreement.
Sincerely,
Michael R. Dalla, CMC
City Clerk
Enclosure