HomeMy WebLinkAbout2003-235
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RESOLUTION NO.
2003-235
1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE
AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL
3 DISTRICT TO PROVIDE CONTRACTUAL SERVICES FOR BEFORE & AFTER-
4 SCHOOL RECREATION PROGRAMS AT SCHOOL DISTRICT SITES.
5
6 OF SAN BERNARDINO AS FOLLOWS:
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
SECTION 1. The Mayor of City of San Bernardino or her designee is hereby authorized
and directed to execute on behalf of said City, an agreement with the San Bernardino City
Unified School District to provide contractual services for before & after-school recreation
11 programs at school district sites. A copy of said agreement is hereby attached hereto, marked
12 Exhibit "A", and incorporated herein by reference as fully as though set forth at length.
13 SECTION 2. The authorization granted hereunder shall expire and be void and of no
14 further effect if the agreement is not executed by both parties and returned to the Office of the
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City Clerk within 120 days following effective date of the Resolution.
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2003-235
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
1 MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE
AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL
2 DISTRICT TO PROVIDE CONTRACTUAL SERVICES FOR BEFORE & AFTER-
3 SCHOOL RECREATION PROGRAMS AT SCHOOL DISTRICT SITES.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a
6 thereof, held on the 18th day of August
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8
9
10
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12
13
14
15
16 MC CAMMACK
17
joint regular
Meeting,
, 2003, by the following vote to
wit;
COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
ESTRADA x
LIEN LONGVILLE x
MC GINNIS x
DERRY x
SUAREZ x
ANDERSON x
x
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19
20
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J+.,e li c. [;/ (!.I.At k
RachetG. Clark, City Clerk
The foregoing resolution is hereby approved this nlJ.. day of
/~
(/ ?/
Neil Derry, M:lYor Pro Tem
City of San Bernardino
August
,2003.
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23 Approved as to form
24 And Legal content:
25
James F. Penman
City Attorney
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2003-235
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North "F" Street
San Bernardino, CA 92410
ORI61NAl'
lonlrnl'! No' /11/I1d_RRO_OOA,1 '"
AGREEMENT FOR CONSULTANT SERVICES IN
COLLABORATION WITH DISTRICT FOR
THE CIDLDREN'S AFTER SCHOOL PROGRAM FOR SUCCESS (CAPS)
THIS AGREEMENT is made and entered into this 25th day of June, 2003, by and between the SAN
BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the "DISTRICT" with its
principal place of business at 777 North "F" Street, San Bernardino, California 92410, and CITY OF SAN
BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT, hereinafter
referred to as the "CONSULTANT" having a principal place of business at 547 North Sierra Way, San
Bernardino, California 92410.
R E C I TAL S:
WHEREAS, the DISTRICT is authorized by Section 53060 of the California Government Code to contract with
and employ any persons for the furnishing of special services and advice in financial, economic, accounting,
engineering, legal, or administrative matters, if such persons are specially trained and experienced and competent
to perform the special services required; and,
WHEREAS, the CONSULTANT itself is, or those hired by the CONSULTANT are, specially trained,
experienced and competent to render the special services required by the DISTRICT, and such services are
needed on a limited basis; and,
NOW, THEREFORE, the DISTRICT and the CONSULTANT mutually agree as follows:
I. TFRM OF AGRFFMFNT
A. This Agreement shall be for a period beginning Tuly 1 7001, through Tune 10 7004.
B. Upon a showing of good and sufficient cause by the CONSULTANT, the DISTRICT
may at its discretion, grant such extensions of time as it may deem advisable in which the
CONSULTANT may accomplish the results required hereunder; provided, however, the
DISTRICT shall not be obligated to pay the CONSULTANT any additional
consideration if such an extension of time has been granted.
II. RFSPONSTRTT TTTFS OF THF r:ONSm TANT
A. The CONSULTANT will provide a variety of learning experiences in the area of art,
fitness and sports skills, and values through the provisions of Recreational Aides at each
school participating in the Children's After-School for Success (CAPS) Program. A list
of participating schools is attached to this agreement as Attachment "A" and
incorporated herein by this reference and made a part hereto.
B. In addition to the learning experience, the CONSULTANT will provide a mentoring
program in cooperation with the DISTRICT that targets populations of elementary
school students as a deterrent to juvenile crime, gangs, and other delinquent behaviors.
Consultant Services Agreement: Ciity of San Bernardino Park, Recreation & Community Services - CAPS Program
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2003-235
rnntT~('t No. 01!()4_RRO_()()A.l '"
Also, the CONSULTANT agrees to provide in-kind services/activities for program
administration, site supervision and equipment.
C. The CONSULTANT is ultimately responsible for the results to be achieved under this
Agreement. The CONSULTANT itself, or other hired by the CONSULTANT and under
the control of the CONSULTANT, may provide the services necessary to achieve the
results required under this Agreement.
D. The CONSULTANT's services will be provided on an as-needed basis to accomplish the
results required under this Agreement.
E. The CONSULTANT will perform services to achieve the results required hereunder in
the CONSULTANT's own independent way as an independent contractor in the pursuit
of the CONSULTANT's independent calling and not as an employee of the DISTRICT.
The CONSULTANT shall be under the control of the DISTRJCT as to the results to be
accomplished and not as to the means or manner by which such results are to be
accomplished.
F. The CONSULTANT shall provide its services at such times as the CONSULTANT itself
determines within the scope of the results to be achieved. If the CONSULTANT is a
regular employee of a public agency (any governmental agency or agent supported by
public tax dollars), all services which the CONSULTANT renders under this Agreement
will be performed at times other than the CONSULTANT's regular assigned workday
for said entity, or during periods of vacation or leave of absence from said entity, in
order that the CONSULTANT shall not receive double compensation from public tax
dollars for its time.
G. The CONSULTANT shall provide all of its own supplies, equipment, and materials as
may be necessary within the scope of the results to be achieved,
H. The CONSULTANT shall complete and return to the DISTRICT the Internal Revenue
Service Form W-9, which is included as an enclosure with the Agreement package.
I. The CONSULTANT understands that, as an independent contractor, it is not an
employee of the DISTRICT and agrees that it will not purport to be nor represent itself
as a DISTRICT employee, officer, or agent. The CONSULTANT agrees that it will not
act as nor perform in the capacity of a DISTRICT employee, The CONSULTANT
further agrees that it will specifically explain its independent contractor, non-employee
status to those it contacts (including DISTRJCT employees and non-DISTRICT
employees), as a result of its work hereunder, in order to prevent any misconception on
the part of third parties that the CONTRACTOR is an employee or representative of the
DISTRICT.
J. The CONSULTANT agrees to conduct and certify to the DISTRICT's governing board
that it has completed any background check requirements of Education Code Sections
45122.1 and 45125.1 and has returned the Contractor Certification form in advance of
providing any contracted services described herein with the DISTRJCT. Any expenses
incurred to implement this requirement will be the sole responsibility of the
CONSULTANT.
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2003-235
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III. RFSPONSffirr TTTFS OF THF mSTRT(T
A. The DISTRICT will prepare and furnish to the CONSULTANT upon the
CONSULTANT's request, such information as is reasonably necessary to the
performance of the CONSULTANT's work under this Agreement. The CONSULTANT
understands that all information provided to the CONSULTANT is the property of the
DISTRICT and shall not be removed from the DISTRICT's possession. Failure to keep
such information confidential and/or failure to return information requested by the
DISTRICT is reasonable cause for termination of this Agreement and may subject the
CONSULTANT to liability for damages to the DISTRICT.
B. The DISTRICT reverses the right to add to or substitute grants as long as the cost
remains within the agreed upon maximum amount
IV. C:ONSTJT TANT'S FFF AND PAYMFNTTHFRFOF
A. The DISTRICT agrees to compensate the CONSULTANT for services rendered in a
total amount not to exceed $460,000.00 (four hundred sixty thousand dollars and no
cents). The CONSULTANT may invoice the DISTRICT, on a monthly basis, as the work
progresses for that portion of the work that has been completed. The invoice shall
describe in detail the services rendered and must include the CONSULTANT's Social
Security or Federal Tax I.D. Number. Payment to the CONSULTANT shall be made by
the DISTRICT after the receipt and approval of the invoice.
B. The CONSULTANT's fee is inclusive of all services hereunder and the DISTRICT will
pay no separate amount for travel or other expenses of the CONSULTANT under this
Agreement.
C. The DISTRICT will not withhold federal or state income tax deductions from payments
made to the CONSULTANT under this Agreement.
D. The CONSULTANT is aware that under California law, no disability or unemployment
insurance will be deducted from payments made to CONSULTANT or paid by the
DISTRICT out of DISTRICT funds. CONSULTANT further recognizes that
CONSULTANT cannot claim unemployment benefits after services have been
completed.
E. If the CONSULTANT is receiving any type of retirement benefits, such as those from
California State Teacher's Retirement System (STRS) or Public Employee's Retirement
System (PERS) or other retirement plan, or Social Security, or other similar benefits, the
DISTRICT and the CONSULTANT are both aware that continuance of said benefit
amount, is or may be subject to certain limits on current annual income from public
schools and/or other sources in order to maintain full benefits. The CONSULTANT
understands and acknowledges that it has full responsibility for being aware of any limits
and monitoring and not accepting or contracting to accept income in excess of said
limits. Furthermore, the CONSULTANT specifically agrees to indemnify, defend, and
hold harmless (as defined in Section VI) the DISTRICT, from any liability or damages
resulting from receipt of monies paid under this agreement, which adversely affect the
CONSULTANT's own retirement benefits.
Consultant Services Agreement: Ciity of San Bernardino Park, Recreation & Community Services - CAPS Program
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2003-235
f'nntnlC't No" n~1fl4_5UlO_n041 rs
V. INVOTrFS
For the Purpose of this Agreement all invoices will be audited and approved by DISTRICT's
representative as follows:
Mr. Narciso Cardona
Risk ManagementJEmployee Benefits Department
San Bernardino, City Unified School District
777 North "F" Street
San Bernardino, CA 92407
Ms, Bobbi Pregmon
2204 Sunrise Lane, Apt. #Al
San Bernardino, California 92404
The Agreement number on the upper left side of this page should always be referenced in any
correspondence or invoices pertaining to this Agreement to the DISTRICT. The invoice shall
describe in n~t"il the services rendered and must include the CONSULTANT's Social Security
or Federal Tax I.D. Number. The DISTRICT shall make payment to the CONSULTANT after
receipt and approval of the invoice(s),
VI. NOTTrFS:
All notices and documents required pursuant to the terms hereof shall be in writing and may be delivered in
person or by certified or registered mail, postage paid, as follows:
mSTRTrT
San Bernardino City Unified School District
Debra Love, Assistant Purchasing Services Director
777 North "F" Street
San Bernardino, California 92410
(909) 381-1127
rONSTH T A NT
City of San Bernardino Parks & Recreation
Lemuel P. Randolph, Director
547 North Sierra Way
San Bernardino, California 92410
(909) 384-5006
If mailed, notices shall be effective as of the date of the postmark on receipt by addressee. If
delivered by hand, the effective date shall be the date of receipt of addressee.
VII rA NrFT T A TTON FOR NON-PFRFORM A NrF OR NON-rOMPTTA NrF OF rONST JT T A NT
A. If, at any time during the performance of this Agreement, the DISTRICT determines, at
the DISTRICT's sole discretion, that the CONSULTANT's services are not achieving
the results required hereunder, the DISTRICT shall be obligated to pay the
CONSULTANT only for that portion, if any, of the results achieved.
B. Non-compliance by the CONSULTANT with the terms of this Agreement shall be cause
for suspension and/or termination by the DISTRICT. The DISTRICT shall provide
written notice to the CONSULTANT including the reasons for suspension or termination
under this provision. If the Contract is suspended, the CONSULTANT shall have five
(5) business days to cure the condition(s) for which the suspension was given or the
contract will be terminated.
Consultant Services Agreement: Ciity of San Bernardino Park, Recreation & Community Services - CAPS Program
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2003-235
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VIII HOT 0 HARMT RSS
The CONSULTANT hereby agrees to indemnify, defend, and hold harmless the DISTRICT and
its departments, agents, officers, and employees from any and all claims or sums which the
DISTRICT or any of its departments, agents, officers, or employees may be obligated to pay by
reason of any liability of any kind imposed upon them, including damages to property or injury
or death of persons, arising out of the performance of the services rendered by the
CONSULTANT or caused by any error, omission, or act of the CONSULTANT or of any person
employed by the CONSULTANT or of any others for whose acts the CONSULTANT is legally
liable, Said sums shall include, in the event of legal action, court costs, expenses of litigation,
and reasonable attorney's fees.
IX. SPFr:TAT PROVTSTONS
A. TNSTIR A NrR R RQTITR RMRNTS:
The CONSULTANT shall comply with all applicable federal, state and local laws, rules,
regulations, and ordinances, including but not limited to workers compensation insurance
laws. The CONSULTANT understands that DISTRICT's insurance does not cover
CONSULTANT. The CONSULTANT shall procure and maintain for all periods during
which CONSULTANT is performing any portion of the work, insurance policies or self-
insurance, workers compensation insurance coverage for its employees who provide
services hereunder, and insurance coverage for any and all claims for damages, injury,
death or liability it may sustain or impose on others including the DISTRICT.
The DISTRICT understands that the CONSULTANT may use independent contractors,
volunteers, or others not covered by the CONSULTANT's workers compensation
insurance coverage, to provide services hereunder. The CONSULTANT shall advise
such persons providing services hereunder at the direction of the CONSULTANT that
workers compensation insurance is not provided by the DISTRICT and the
CONSULTANT shall hold the DISTRICT harmless from any and all claims for damages
that may be asserted by such persons.
B. ASSTGNMRNT
The CONSULTANT shall not in any manner, directly or indirectly, by operation oflaw
or otherwise, assign, transfer or encumber this Contract or any portion hereof of any
interest herein, in whole or in part, without the prior written consent of the DISTRICT. If
consent is not given by the DISTRICT to assign, transfer, or encumber this Contract,
such action shall be deemed automatically void. This Agreement shall not be assignable
except with the mutual written consent of the parties hereto.
C. MODTFTrATTON
This Agreement may be amended by the mutual written consent of the parties hereto. If
any actual or physical deletions or changes appear on the face of the Agreement, such
deletions or changes shall only be effective if the initials of both contracting parties
appear beside such deletion or change.
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2003-235
lnntr:lrt No. 011OA._RRO_()()41 "
D. TFRMTNATTON
Either party may terminate this Agreement with a thirty (30) day written notice.
x. mSTRWT A Nfl PTffiTTr: POT K:TFS
A. By signing this agreement the CONSULTANT acknowledges receipt and acceptance of
the following DISTRICT policies:
1. Smoking and Use of Tobacco at District Facilities Policy (No. 3520a-b).
2. Affirmative Action Program for Equal Employment Opportunity Policy
(No. 4136).
3. Nondiscriminatory Harassment Policy (No. 4136. la-c).
4. Drug-Free Workplace Policy (No. 4205).
B. All parties agree that the CONSULTANT shall abide by the same terms and conditions
of conduct as is expected of DISTRICT employees in each of these policies, without the
implication of employment. It is further understood that failure to abide by these policies
may result in immediate termination of this agreement and, in addition, may result in
other personal legal avenues of remedy on the part of the individuals involved. While it
is acknowledged that these policies specifically address employees of the DISTRICT, it
is understood that the CONSULTANT is not an employee of the DISTRICT.
C. The CONSULTANT certifies it will not discriminate on the basis of race, color, national
origin, ancestry, sex (including sexual harassment), marital status, handicap, disability,
medical condition, religion, or age in any of its policies, procedures, or practices in
compliance with:
1. Title VT anc1 VTT ofthe r:ivil Right< Act of 1904 a< amenc1ec1
(Pertaining to race, color, national origin, and religion);
2. Title TX of the Fc1l1cation Amenc1ment< of 1917.
(Pertaining to sex discrimination);
3. Sed;on :';04 of the Rph::lhilit::ltlon Ad of 1 Q71
(Pertaining to handicap);
4. The A ef": nls.~rlmln::ltlon Ad of 197:';
(Pertaining to age);
5. The F::I;r Fmploymf":nt ::Inn "Oil!':;"!? Ad
(Pertaining to ancestry, race, national origin, color, sex, religion, physical or mental
disability, medical condition, marital status, and age over 40); and,
6. Tnt": Amf":ric.::Ins. wifh Ois.::IhilitlP!': Ad of 1 <)90
(Pertaining to disability)
It is the responsibility of the CONSULTANT to ensure that those employed by or
subcontracted by the CONSULTANT also adheres to DISTRICT and Public Policies.
These non-discrimination policies cover admission and access to, and treatment and
employment in, the DISTRICT's programs and activities.
Consultant Services Agreement: Ciity of San Bernardino Park, Recreation & Community Services - CAPS Program
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2003-235
('ontr9.rt No" 01/04_RRO_0041 IS
XL TAWS
A, GOVERNING TAW
This contract is governed by and construed in accordance with the laws of the State of
California.
B. TAWS A NT) RFGTTT A TTONS
The vendor/consultant shall conform to all applicable Federal, State, County, and City
laws, rules, ordinances, codes and regulations covering this work. It is the vendor's total
responsibility to determine specific details of such requirements and warrant that all
work performed as part of this contract totally conforms to such requirements.
C. PROVTSTONS OE TAW INSERTION
Each and every provision of law and clause required by law to be inserted in this contract
shall be deemed to be inserted herein and the contract shall be read and enforced as
though it were included herein and if through mistake or otherwise any such provision is
not inserted, or is not correctly inserted, then upon application of either party, the
contract shall forthwith be physically amended to make such insertion or correction.
D. rnNFT TrT WITH EXTSTING TAW
The vendor/consultant and the District agree that if any provision of this contract is
found to be illegal or unenforceable, such term or provision shall be deemed stricken and
the remainder of the contract shall remain in full force and effect. Either party having
knowledge of such term or provision shall promptly inform the other of the presumed no-
applicability of such provision. Should the offending provision go the heart of the
contract, the contract shall be terminated in a manner commensurate with the interests of
both parties, to the maximum extent reasonable.
XII. ~OMPT ETF AGREEMENT
This document represents the entire agreement and understanding between the DISTRICT and
CONSULTANT. The terms of this Agreement will prevail over any different or additional terms
in any other agreement. One or more waivers of any term, condition or covenant by either party
shall not be construed as a waiver of any other term, condition or covenant.
IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below.
CITY OF SAN BERNARDINO
PARKS AND RECREATION DEPARTMENT
a~~
Director
(909) 384-5006
Date: f~)g
<~
Date: 1-11 ~ 0 ')
Consultant Services Agreement: Ciity of San Bernardino Park, Recreation & Community Services - CAPS Program
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2003-235
ATTACHMENT "A"
Agreement for Consultant Services between San Bernardino City
Unltled School District and City of S.n Bernardino Parks, Recreation &
Community Services Department.
List of Participating Schools:
1- Arrowhead Elementary
2. Barton Elementary
3. Burbank Elementary
4. Fairfax Elementary
5. Hillside Elementary
6. Inghram Elementary
7, Lincoln Elementary
8. Lytle Creek Elementary
9. Monterey Elementary
10. Mt. Vernon Elementary
11. Muscoy Elementary
12, Newmark Elementary
13. Riley Elementary - Before & After School Programs
14. Roosevelt Elementary
15. Wilson Elementary
16. Rio Vista - Before & After School Program
17. Emwerton Elementary
2003-235
Vendor/Customer Name and Address
(Type or place label here)
ARKS. RECREA nON & COMMUNITY SERVICES 0 PT.
547 North Sierra Way
San Bernardino. California 92401
Vendor Tax Information
(Substitute Form W-9)
INDIVIDUAL
Name of Individual as it appears
on Social Security Card
Social Security Number (SSN)
Resident of California(Check one)
YES
NO
SOLE PROPRIETOR
Name of Individual Owner
Business Name
Taxpayer Identification Number / SSN
(Use number thai income from business will be reported under)
Resident of California(Check one)
YES
NO
PARTNERSHIP
Name of Partnership
Federal Identification Number
Resident of California(Check one)
YES
NO
CORPORATION
Name of Corporation
Federal Identification Number
Qualified to do business in California and/or perma-
nent place of business in California(Check one)
YES
NO
TAX EXEMPT ORGANIZATION/ENTITY
Name of Organization or Entity City of San Bernardino
Department or Unit, if applicable Park/Recreation Department
Federal Identification Number 95-6000772
Why Are You Tax Exempt? Local Government/Subdivision of California
certify unC!e:1LenaltY of perjury that the information provided on this document is true and correct.
/'4,
/ ,
,'F)t./ "" .' Account Manager 07-21-03 384~5544
Si nature Title Date Tel No.
Failure to furnish correct information and return
this form will subject our payment(s) to you to
31 % backup withholding per IRS regulations.
Return this Form 10:
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North 'F' Street
San Bernardino, CA 92410-3017
Attn: Peace. Aneke, Contract Anal st
W-9FORM
S
Nam
2003-235
nd Address
OMMUNITY SERVICES 0 PT. o'
h Sierra VVay Vendor Tax Information
, California 92401 (Substitute Form W-9)
INDIVIDUAL
dividual as it appears
Social Security Card
curity Number (SSN)
California(Check one) YES I I NO I I
OLE PROPRIETOR
e of Individual Owner
Business Name
ication Number / SSN
bUSiness will be reported under)
California(Check one) YES I I NO I I
PARTNERSHIP
Name of Partnership
I Identification Number
f California(Check one) YES I I NO I I
CORPORATION
Name of Corporation
alldentification Number
s in California anellor perm a- I I I I
in California(Check one) YES NO
ANIZATIONlENTITY
f Organization or Entity City of San Bernardino
nt or Unit, if applicable Park/Recreation Deoartment
alldentification Number 95-6000772
Are You Tax Exempt? Local Government/Subdivision of California
enalty of perjury that the Information provided on this document is true and correct.
/!
I
- Account Manager 07-21-03 384~5544
Title Date Tel No.
Return this Form to:
ct information and return SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
ur payment(s) to you to 777 North 'F' Street
g per IRS regulations. San Bernardino, CA 92410-3017
Alln: Peace. Aneke, Contract Analyst
W-9FORM
,
Vendor/Customer Name a
(Type or place label here)
ARKS. RECREATiON & C
547 Nort
San Bernardino
Name of In
on
Social Se
Resident of
Taxpayer Identif
(Use number Ihat income lrom
Resident of
Federa
Resident 0
Feder
Qualified to do busines
nent place of business
TAX EXEMPT ORG
Name 0
Departme
Feder
Why
certify/~~~
, ~~
Failure to furnish corre
this form will subject 0
31 % backup wlthholdin