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HomeMy WebLinkAboutRFQ Shuttle ServicesRequest for Taxpayer Give Form to the F&MW-9 Identification Number and Certification requester- Do not (R",C]ca"201a} 0*pWMWofthe Tiftwrp Send to the IRS- Inlemal RWOUK a Service F too to www.k-s gLov1FormW9 for inslruclions and the latest information. 1 Maine (u Shw%%n gn y0u inowne Iax reLwn), N&-.-e v5 required on tW5 I_ne: do not *-ivs this kne blank Cardirlcl Transportation Inc. 2 Burriness nwTsfdkwegarded anlity narne- -rf diileranl from above 3 chbekapCr+ GNAW WN Poi IW" tdx el"WIU1 a"P)efW *N5M kUft iS enterW On lie* 1 Cheek ¢illy ono oe tN 4 Ewemptions Omiosapi* only to Q 2L kAkweing *pw boxes. Owtain W'1 A43. not k1dixidua$: *0 in"%N;l%nS ❑ Indlvlduatrsolt OrOwrle w OK 0 C Corporawn ❑ S Corporatiw ❑ Partnerskv ❑ Tr wasraw 4n pago 3)' As.ft•.rrember LLC Exempt payee onde(I errfi �] Lirnit*d Sabi k Go npwy- Enter the tax claSSACe W PRC COFPOFO1'On. S■S COV*n Lion, PeP&ieeWship)P i War Check the approprime box in the Sne ebotie for the tax classification 0 the single-ffmamber owner- Da mn d k E"rrvion horn FATCA m*pprllrrg #a t_l.ir II llrb LLC IS CIa58rlitxt �S � �: le•rn�lEer LLC th�k � tic�� rri4tl horn 1118 6wdphr �Ig�S 1hB �vrrldr 4t thy& LLC i� LLB Ihta1 ra not dmegerdEal Iron the for U.S. i*eiei al lax olrrerwrse- a Ie-m*mb4r LLO 1h#1 code GI —A anulher Oualpr ¢u+pos�es. Ks fire OCd born to Cwnper Should CWk thearppropdM W); lop ft IAN clowificAticon of 1S owner. FL ❑ Otl*rismInstructions)► VMONhommrgrnM7ftnWMdWd&gmVAJ 5 Ad*ess IrKmtw. jU**l. arld Apt- Or spRe do.) so* insbuertions. ROpuo"'S nw* %Ad Irddmss (O� PO Liatamnurr numbe"&) hers (rpliwmll KOM Taxpayer Identification Number (M) Enlef your TIN in the appropriate box- The TIN provided must match the name given on Ilne 1 to avoid Soc`al ercurity number rest up vrilen, sot Cd. For is -tor, rd i thi8 i6 g eMIty,allry your e i is uGtlony Flukx Parr {S$n4 Hor o1he. 1pr a — — resident alien, sale proprietor, or disregarded errtliy, see the instruc#lons far Part I. later. Far aiher anWhis, it Is your employer identig"tion number (EIN). If you do not haue a number, 9"Halw to get e i7N, law. OF Hobs: If the awmnt is in mare ttran one name. see the in5truclio" lw line 1. Atso sec Whaf Narrre and OmpkWw idar Wmfftlon number Number is Ofve the Ra quoter tar guidelines an whose number to enter. F Under penakies of perjury, I cerlrfy that: 1. The number shorn on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2, 1 am npt suloocl to backup withholding because, la) I am exempt trom backup withholdil% or(b) I hwm rwt been notified by the Internal Revenue Servipg OAST that I am subject to backup withholding as a rasull of a Iaituro to report all iritmasl at dividends, or (c) this IPIS has notified firs That I am no longer subject to backup withholding; and 3, 1 $rr5 a U-$, 04*n or other V.S- perw (def4*d mil 4, The FA7CA 0ode(s) entered on thiS form f4 tiny) indicating that I am exempt front FATCA reporting is correct- Gertifvelion lnatfu ollona. You mint crone out Mem 2 above it you have been notified by the IRS that you are currentl}r 15V*,;t to backup wrthhdding because you ria" tailed 10 rwrt all intorest and dhvidV.r n your tax return. For reel estate tranwtkm Urn 2 d mt apply- For m6rt ,A intw*tI paid, aouuisbw frabalcforinlEr'il of *secured Prowrrpe�eli010f debt, r.0rltrib0ions t0 art ildWWW Mlirpr OM arr8rt rnor t IIFCAI, and generally, payrnentS other than in West and divldlwKi& W 1 8f2 General Instructions Section references are to the Internal Revenue Code unless olhermse noted. Future developments. Fm the latest information about developments relared to Fa rm W-9 and its inSlruCt M, SuChti OS logislation enaclod after they were published, g4 10 www-".OWjFOrmn9- Purpose of Farm An individual or enlity (Form W-9 rewntO who is required to file an inlurrnation return with the IRS must obt,Cin your wit eot taxpayer identifi=tim nurnbW MN) which may ho your McCW swurity number ( $to. kadividUdl lad paM Wonlif icatiprl nurn4w (ITIN), adophon taxpayer identification number(AT9M), or wfnptoyer identification number (EIN), to report an an Inforrnatlon return the arrrounl paid to you, of other amount reportable on an information return. Examples of informauan return include, but are r►at limited to, ih+e follrnwng, • Form 1099-INT (rntefesl earned or paid) * Form 1099-DIV (dividerl.ds, including those from stocks or mutt al funds) * Form 10%-MISG (varlous types of income. prizes, awards, or gross proceeds) Form 1099-8 latock or rroutual fund Sales and certain other trarksa,clkm by hrokers) • Fnrrn 1M-8 (proceeds [torn rail imlata transAclions) • Form 101A-K (merchant card and third party network transactions) ■ Form 1OW (hgrne mortgage interest), 100$-E �Studertt loan idles", 1-T (ttrition) • Faun 1099-C (canaetad debt] • Form 109E-A lacquisAioli or abar►donmerit of secured property) Use FVM W-9 only it &A area U,$- p WSorr firboludiN a resWOM ailieh), to P'OW l0 your 001` ,'k TIN. 0you da npf FVIVrrr Form W 9 fo the reQuesfer with a I'tfi1, yotr Mot ba s rWt to b&WW WfMoking. See What is bmkup wilhhloldirlg• f@fer. Cal. Na- 10231X Form W-0"av- 10.201So SERVICE AGREEMENT THIS AGREEMENT (the "Agreement") is made as of August 18, 2021 by and between the City of Diamond Bar, a municipal corporation ('"Cit/') and COMPANY N A ME, a Califomia hilted liability company ("Vendor "). 1. Vendor's Services. Subject to the terms and conditions set forth in this Agreement Vendor shall provide to the reasonable satisfaction of the City the Vendor services set forth in the attached Exhibit "A" which is incorporated herein by this reference, As a material inducement to the City to enter into this Agreement, Vendor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Vendor represents that it is fuller qualified to perform such consulting services by virtue of its experience and the tfaining, education and expertise of its principals and employees. Andee W urns. Recreation Supervisor, herein referred to as the "City's Project Manager"), shall be the person to whom the Vendor will report for the performanca of services hereunder. It is understood that Vendor shall coordinate its services hereunder with the City's Project Manager to the extent required by theCity's Project Manager, and that all Vendor s required hereunder by Vendor shall be performed to the satisfaction of the City's Project Manager and the City Manager- 2. Term of Agreement. This Agreement shall take effect July 1, 2021, and shall continue until ,tune 30, 2022 ("Term"), unless earlier terminated pursuant to the provisions herein - The City shall have the option to extend this Agreement for up to three additional years subject to the same terms and conditions contained herein, by giving Vendor written notice of the exercise of this option at least thirty (0) days prior to the expiration of the initial Term. . Payment. Basic Fee Amount, Except as provided in Section 3.A. the CITY agrees to compensate the Vendor , and the Vendor agrees to accept in full satisfaction for the service provided for in Section 1, Payment will be made only after the conclusion of services and submission of proper invoices in the farm specified by City. Total payment to Vendor pursuant to this Agreement shall not exceed $$$$$ per fiscal yeaf- 1 Professional Services - snow Services A. Deductions. Should the Vendor fail to adhere to the time schedule set forth in Exhibit A_ the City may in the C ITY's sole discretion either: (1) immediately terminate this Agreement,, or (2) deduct 100 from the fixed fee prescribed in Section 4.1 for every fifteen (15) minutes that the Vendor is late. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 4. Change Order's. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any. and adjustment of the fee to be paid by City to Vendor_ 5. Status as Independent Vendor. A_ Vendor is, and shall at all times remain as to City, a wholly independent Vendor_ Vendor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein_ Neither City nor any of its agents shall have control over the conduct of Vendor or any of Vendor 's employees, except as set forth in this Agreement. Vendor shall not, at any time. or in any manner, represent that it or any of its agents or employees are in any manner employees of City. E. Vendor agrees to pay all required taxes on amounts paid to Vendor under this Agreement, and to indemnify and hold City harmless from any and all takes, assessments, penalties, and interest asserted against City by reason of the independent Vendor relationship created by this Agreement. C. Vendor shall fully comply with Workers' Compensation laws regarding Vendor and Vendor 's employees_ Vendor further agrees to indemnify and hold City harmless from any failure of Vendor to comply with applicable Worker's Compensation laws. D. Vendor shall, at Vendor 's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar- E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Vendor under this Agreement any amount due to City from Vendor as a result of Vender 's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for VerGdor 's failure to -comply with this Section, 2 Prof essian7l Services - Snow Services 15�19i1.1 B. Standard of Performance. Vendor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subVendor s it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 7, Indernnification. Vendor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and -volunteers ('"Indemnitees") from and against all liability, loss, damage, expense, cast (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with, (1) Any and all claims under Workers' Compensation Act and other employee benefit acts with respect to Vendor's employees or Vendor 's Vendor 's employees arising eu t of Vendor's work under this Agreement; and (2) Any and all claims arising out of Vendor 's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardtess of ity's passive negligence, but excepting such less or damage which is caused by the active negligence or willful misconduct of the City. Should City in its sole discretion find Vendor's legal counsel unacceptable, then Vendor shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert. fees and all other costs and fees of litigation. The Vendor shall promptly pair any final judgment rendered against the Inderninitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of Califomia and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. (3) The Vendor's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement. 8. Insurance. A. Vendor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance- (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with rninirnum limits of 1.000,000,00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Vendor, its officers, employees, agents, and independent Verkdor s in performance of services under this Agreement, i Profgssidnal $erviG$S-'$rlbw Sarvices k5714Sk,1 () property damage insurance with a minimum limit of $500,000.00 per occurrence. (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $I ,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary. and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (tg) days prior written notice thereof_ Vendor agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the went of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Vendor pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City, and shall be placed have a current A.M_ Best's rating of no less than A-, VIL B. Vendor shaIJ submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and () insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City- F. Self -Insured Retention0eductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self -insured retention ("SIR") and/or deductible of the policy in lieu of the Vendor (as the named insured) should Vendor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Vendor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Vendor as primary insured to pay its SIFT or deductible constitutes a material breach of this Agreement_ Should City pay the SIR or deductible on Vendor 's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Vendor for breach of this Agreement in addition to any other damages incurred by City due to the breach. 4 Professional Services - Snow Services 1571951.1 G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees_ H_ Failure to Maintain Insurance_ If Vendor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid b Vendor , which amounts may be deducted from any payments due Vendor , I. Vendor shall include all subVendor s, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subVendor to the City for review and approval_ All insurance for subVendor s shall be subject to all of the requirements stated herein. 9. Termination. The CITY may cancel the performance at any time with or without cause, The Vendor may not cancel the performance for any reason (excluding force rnajeure). In the event of such cancellation, the Vendor is responsible for all ensuing damages to the City, including, but not limited to the cost associated with retaining a replacement Vendor , unless the City subsequently agrees in writing to waive all or any part of resulting damages. 10. Force Majeure. A. The Vendor shall not be responsible for herthis failure to perform hereunder as a result of unavoidable accident, acts of God, public enemies, pandemics, epidemics, riots, strikes, civil commotion, or any other act reasonably beyond the control of the Vendor B. The City shall not be responsible for any cancellation of the services as a result of unavoidable accident, act of God, public enemies, pandemics, epidemics, riots, strikes, civil commotion. or any other act reasonably beyond the control of the City, 11. Non -Discrimination and Equal Employment Opportunity. A_ Vendor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this 5 Profession ai Services - Snow Services 1571951.1 Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following- employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Vendor will, in all solicitations or advertisements for employees placed by or on behalf of Venctor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Vendor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 12, Time Is of the Essence. Time is of the essence in this Agreement, Vendor shall do all things necessary and incidental to the prosecution of Vendor's work. 13. Assignment. Vendor shall not assign or transfer any interest in this Agreement nor the performance of any of Vendor 's obligations hereunder, without the prior written consent of City, and any attempt by Vendor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 14. Compliance with Laws. Vendor shall comply with all applicable laws, ordinances. codes and regulations of the federal, state, and local governments, 15. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may. from time to time, designate in writing pursuant to the provisions of this section. "VENDOR " "C I TY" ardinol Transportation Inc, City of Diamond Bar PU o 1 1 0 Copley Drive Los Angeles A 90047 Diamond Bar, CA 91765-4178 Attn. mber Ashler Attn-: Andee Williams Phone; RPR-M7-951 } 888- 7 - 9 Phone-- 909.839.7067 b Professional Services - Snow Services 1571951.1 E-Bail: cardinoltran egmail . om E-rnail: 16. Governing Laver. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. The venue for any action brought under this Agreement shall be in Los Angeles County, 17. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original. and all of which together shall constitute one and the same instrument. 18. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Vendor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the ity's Purchasing Ordinance, 7 Nofessional Services - Snow Sfrvires L57I951_L IN WITNESS of this Agreement, the parties have executed this Agreement ement as of the date first written above. " Vendor " ardinol Tranportatin Inc. By:PAP- A!--!: Printed Name: Title. Executil /Z4 .,� ghaVo • r • ComplianceTitle-. Contract Approved as to form: Bv: Omar Sandoval, City Attorney "City" CITY OF DIAMOND BAR Daniel Fox, City Manager ATTEST-. ristina Santana, City Clerk 071951J a Professional Services - Snow Services