HomeMy WebLinkAbout2019-289Resolution No. 2019-289
RESOLUTION NO. 2019-289
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH LEHR
AUTO ELECTRIC; AUTHORIZE THE DIRECTOR OF
FINANCE TO CARRY OVER FUNDS FROM THE SAN
MANUEL COMMUNITY CREDIT FY 2018-19 ADOPTED
BUDGET IN THE AMOUNT OF $230,000 FROM THE
SMALL TOOLS, MISCELLANEOUS EQUIPMENT AND
MOTOR VEHICLES TO THE FY 19-20 ADOPTED
BUDGET TO MISCELLANEOUS EQUIPMENT; AND
ISSUE A PURCHASE ORDER IN AN AMOUNT NOT TO
EXCEED $230,000
WHEREAS, the City is required to install ALPR cameras per the San Manuel
Community Credit Fund Restricted Grant Agreement; and
WHEREAS, the City currently has eight ALPR camera systems installed using the
Vigilant Solutions network; and
WHEREAS, LEHR Auto Electric is the only sole source provider of Vigilant products
for the San Bernardino Police Department.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager is hereby authorized to execute a Professional Services
Agreement, attached hereto as "Exhibit A," between LEHR Auto Electric and the City of San
Bernardino.
SECTION 3. The Director of Finance is hereby authorized to amend the FY 2019/20
Adopted Budget, revenue and expenditures, and issue a purchase order to LEHR Auto Electric to
purchase ALPR cameras, maintenance, and service not to exceed $230,000.
SECTION 4. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
Resolution No. 2019-289
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City cil signed by the Mayor and attested
by the City Clerk this I e day of September 2019.
L_
John Valdivia, Mayor
!, City of San Bernardino
Attest:
_.
Georgeann iani a, MMC, City Clerk
Approved as to form:
Gary D. Saenz, City Attorney
Resolution No. 2019-289
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-289, adopted at a regular meeting held on the 18t' day of September 2019
by the following vote:
Council Members:
SANCHEZ
MARRA
FIGUEROA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS ABSTAIN ABSENT
x
x
Y
X
Y
WITNESS my hand and official seal of the City of San Bernardino this 18a' day of September
2019.
r
, f Ceosrgeann Hance MMC, City Clerk
ti
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND LEHR AUTO ELECTRIC
This Agreement is made and entered into as of September 18, 2019, by and between the
City of San Bernardino, a charter city and municipal corporation organized and operating under
the laws of the State of California with its principal place of business at Vanir Tower, 290 North
D Street, San Bernardino, CA 92401 ("City"), and LEHR Auto Electric, a Corporation with its
principal place of business at 4707 Northgate Blvd, Sacramento, CA 95834 (hereinafter referred
to as "Consultant"). City and Consultant are hereinafter sometimes referred to individually as
"Party" and collectively as the "Parties."
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
PROVIDE AUTOMATATED LICENSE PLATE READER HARDWARE, SOFTWARE,
MAINTENANCE, AND ACCESS TO THE VIGILANT SOLUTIONS NETWORK.
(hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Incorporation of Recitals. The recitals above are true and correct and are hereby
incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the
Scope of Services attached hereto as "Exhibit A."
3. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant is familiar with all laws that may affect its performance of
this Agreement and shall advise City of any changes in any laws that may affect Consultant's
performance of this Agreement. Consultant further represents that no City employee will
provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in "Exhibit A."
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $210,365. This amount is to cover all related costs, and
the City will not pay any additional fees for printing expenses. Consultant may submit invoices
to City for approval. Said invoice shall be based on the total of all Consultant's services which
have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-
five (45) days from the date City receives said invoice. The invoice shall describe in detail the
services performed and the associated time for completion. Any additional services approved
and performed pursuant to this Agreement shall be designated as "Additional Services" and shall
identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City,
and informal consultations with the other parry indicate that a change is warranted, it shall be
processed in the following manner: a letter outlining the changes shall be forwarded to the City
by Consultant with a statement of estimated changes in fee or time schedule. An amendment to
this Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. This Agreement shall commence on the Effective Date and continue
through the completion of services as set forth in "Exhibit A," unless the Agreement is
previously terminated as provided for herein ("Term").
7. Maintenance of Records; Audits.
a. Records of Consultant's services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be made
available to City for inspection and/or audit at mutually convenient times for a period of four (4)
years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final payment
under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the City to
proceed. Consultant shall complete the services required hereunder within Term.
9. DeIgn in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of
the non-performing Party. For purposes of this Agreement, such circumstances include but are
not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing Party shall, within a
reasonable time of being prevented from performing, give written notice to the other Parry
describing the circumstances preventing continued performance and the efforts being made to
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resume performance of this Agreement.
10. Com liance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
C. If applicable, Consultant is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
11. Standard of Care. Consultant's services will be performed in accordance with
generally accepted professional practices and principles and in a manner consistent with the level
of care and skill ordinarily exercised by members of the profession currently practicing under
similar conditions.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all
times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment
from or employment with any person or entity which will constitute a conflict of interest with the
City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement,
obtain and maintain during the term of this Agreement a valid business registration certificate
from the City pursuant to Title 5 of the City's Municipal Code and any and all other licenses,
permits, qualifications, insurance, and approvals of whatever nature that are legally required of
Consultant to practice his/her profession, skill, or business.
14. Assi hent and Subconsultant. Consultant shall not assign, sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the written consent of
the City, which may be withheld for any reason. Any attempt to so assign or so transfer without
such consent shall be void and without legal effect and shall constitute grounds for termination.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement. Nothing contained herein shall prevent Consultant from employing independent
associates and subconsultants as Consultant may deem appropriate to assist in the performance
of services hereunder.
15. Indoendent Consultant. Consultant is retained as an independent contractor and
is not an employee of City. No employee or agent of Consultant shall become an employee of
City. The work to be performed shall be in accordance with the work described in this
Agreement, subject to such directions and amendments from City as herein provided.
16. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
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a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant's and its subconsultants' policies
of commercial general liability and automobile liability insurance using the endorsements and
forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
Insurance Services Office Commercial General Liability coverage
(Occurrence Form CG 00 01) or exact equivalent.
for the following:
(iii) Commercial General Liability Insurance must include coverage
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCS exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City -designated volunteers additional insured status using ISO
endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same
coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
C. Automobile Liability
ILI
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non -owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
d. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section.
C. Professional Liability (Errors and Omissions
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement. The
policy must "pay on behalf of the insured and must include a provision establishing the insurer's
duty to defend.
f. Minimum Policy Limits R uired
(i) The following insurance limits are required for the Agreement:
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Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer's Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
h. Policy Provisions Rgquired
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of the premium. If any of the required coverage is cancelled or
expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s)
including the General Liability Additional Insured Endorsement to the City at least ten (10)
days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
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(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if
the policy is replaced by another claims -made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the
City, its officials, officers, employees, agents, and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each
of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability
in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
i. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than ANII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including, but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City
will withhold amounts sufficient to pay premium from Consultant payments. In the alternative,
City may cancel this Agreement.
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(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the City
Council, nor any of the officials, officers, employees, agents or volunteers shall be personally
responsible for any liability arising under or by virtue of this Agreement.
k. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed
officials, officers, employees, agents, and authorized volunteers free and harmless from any and
all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability,
judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to
property or persons, including wrongful death, (collectively, "Claims") in any manner arising out
of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of
Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection
with the performance of the Consultant's services, the Project, or this Agreement, including
without limitation the payment of all consequential damages, expert witness fees and attorneys'
fees and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, the City Council, members of the City Council, its employees, or
authorized volunteers.
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered by
this section that may be brought or instituted against the City, its elected and appointed officials,
employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against the City, its elected and appointed officials,
employees, agents, or authorized volunteers as part of any such claim, suit, action or other
proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City,
its elected and appointed officials, employees, agents, or authorized volunteers as part of any
such claim, suit, action or other proceeding. Such reimbursement shall include payment for the
City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse the
City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to
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insurance proceeds, if any, received by the City, its elected and appointed officials, employees,
agents, or authorized volunteers.
18. California Labor Code Requirements. Consultant is aware of the requirements of
California Labor Code Sections 1720 et s2g. and 1770 et seq., as well as California Code of
Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on certain "public
works" and "maintenance" projects. If the Services are being performed as part of an applicable
"public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant
agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the
Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages, employment of apprentices, hours of labor and
debarment of contractors and subcontractors.
If the Services are being performed as part of an applicable "public works" or
"maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant
and all subconsultants performing such Services must be registered with the Department of
Industrial Relations. Consultant shall maintain registration for the duration of the Project and
require the same of any subconsultants, as applicable. This Project may also be subject to
compliance monitoring and enforcement by the Department of Industrial Relations. It shall be
Consultant's sole responsibility to comply with all applicable registration and labor compliance
requirements.
19. Verification of Employment Eligibili By executing this Agreement, Consultant
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the
laws of the State of California. If any action is brought to interpret or enforce any term of this
Agreement, the action shall be brought in a state or federal court situated in the County of San
Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days' written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion of
the work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
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other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
22. Attornevs' Fees. In the event that litigation is brought by any Party in connection
with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing Party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney's Office in
enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the
purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant's professional services occurs, Consultant shall, at no cost to City, provide all other
services necessary to rectify and correct the matter to the sole satisfaction of the City and to
participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of
City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
26. Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in
this Agreement, be furnished to and become the property of the City.
27. Or4anization. Consultant shall assign a Project Manager. The Project Manager
shall not be removed from the Project or reassigned without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post Office,
certified mail, return receipt requested, postage prepaid, addressed to the following addresses and
shall be effective upon receipt thereof -
CITY: CONSULTANT:
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City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Teri Ledoux, City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
LEHR Auto Electric
4707 Northgate Blvd.
Sacramento, CA 95834
Attn: Kelley Brophy
30. Third Party Rights. Nothing in this Agreement shall be construed to give any
rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex, age or other interests
protected by the State or Federal Constitutions. Such non-discrimination shall include, but not
be limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination.
32. Entire A rent. This Agreement, including Exhibit "A," represents the entire
understanding of City and Consultant as to those matters contained herein, and supersedes and
cancels any prior or contemporaneous oral or written understanding, promises or representations
with respect to those matters covered }iereunder. Each Party acknowledges that no
representations, inducements, promises, or agreements have been made by any person which are
not incorporated herein, and that any other agreements shall be void. This is an integrated
Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof or of
the offending provision in any other circumstance, and the remaining provisions of this
Agreement shall remain in full force and effect.
34. Successors and AssiMss. This Agreement shall be binding upon and shall inure to
the benefit of the successors in interest, executors, administrators and assigns of each Party to
this Agreement. However, Consultant shall not assign or transfer by operation of law or
otherwise any or all of its rights, burdens, duties or obligations without the prior written consent
of City. Any attempted assignment without such consent shall be invalid and void.
35. Non -Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall in no
way be deemed a waiver of those rights to require such performance or compliance. No waiver
of any provision of this Agreement shall be effective unless in writing and signed by a duly
authorized representative of the Party against whom enforcement of a waiver is sought. The
waiver of any right or remedy with respect to any occurrence or event shall not be deemed a
11
waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver
constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain, or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City's Riglit to Employ Other Consultants. City reserves its right to employ other
consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no official, officer or employee of City, during the term of his or
her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that
by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
12
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND LEHR AUTO ELECTRIC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN BERNARDINO
Approved By:
Teri Ledoux
City Manager
Approved as to Form:
****Approved Form****
Gary D. Saenz
City Attorney
Attested By:
,�LGeora, MMC
City Clerk .
CONSULTANT
13
c
roc ,
Title
PROJECT QUOTATION
Will 1U
14
--OmqN
AACCP EY
LEHPAU1
CERTIFICATE OF LIABILITY INSURANCE
op IDE AK
DATE paImwn-YYI
10/15/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERft AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A staten rlt on
this certificate does not confer rights to the certilical a hokler in lieu of such endomemen s .
PRODUCER 668383-2274
. GT House Account
Autom otive 5 Aftermarket Svcs
151 N Sunrise Ave N016
PRONE 8884183-2274 - uExe! No : SSS -383-2211
EawrAd cs aaslns.rN'tt
Roseville, CA 95661
1 AFEQRDIRQ COVERAGE MAIC
NISUPMA:Oak IMver Insurance Company 34630
msIIRED
eLSI.iER s. nlersfate Fire & Casualty CO 22829
��,a +��
s5SM
asuNERc:Fireman's Fund Insurance Co 21873
NISUMR D
NMANS]tE:
CLAIMS -MADE EKOCCUR
NMMM F :
i. RMMAexDCD. i2Fv _CLAM rdI HMRFR!
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SI4O_WN MAY HAVE BEEN REDUCED BY PAID CLANS.
LNC
TYPE OF INSUPANCE
AO
SUB
POLICY NUMBER
f=UrEPP
POLICY EKP
LNaTS
B
X COMMERCIAL GENERAL LIABILITY
EKM OCCURRENC E
1,000,000
����
M A one arson
1,000,000
20,000
CLAIMS -MADE EKOCCUR
X
t�07S26876
OSJ01/Z019
85110112020Dm"A�s
PERSONAL S ADV INJURY
11000,000
eENL AGGREGATE Lear APPLIES PER:
POLICY F-1 LOC
GENERAL AGGREGATE 3
21000,000
PRODUr4TS _COMP P,
2,000,000
C
OTHER-
AUTONO LNUIRM
COMBINED SINGLE LIMIT
1,000,000
ANY AUTO
LUAS0339922
0510112019
OSM112020
BouLy INJURY Per
BODILY INJURY r aWde
OWM® X SCHEDULED
AUTOS ONLY AUTOS
X AUios ONLY X ATOS OM.Y
OPER�Y MAGE
era ■n
C
X
UNNRELLA LY18 OCCUR
JJ
EACH OCCURRENCE
S,000,OtN
RELATE
LJAN CLAIMS -MADE
GX2'4759409
I05ro1/2019
0510112020
DED RETENTION$
OT"-
A AN W� X PSTMATUTE
T111fC032396 05101/2019 05/01120 L 20 EEACH c IDE
AKYPROPRIETORFARTN
NIA
y��MMEXCWDM EROUR117IIVE
E.L. DISEASE - EA EMPL
NresCR,'klPT eurdFsrPERA LIWIT
IP71 N
1,000,000
000
1,.000
1,0�r000
g=RIPTIDN OF OPERATIONS I LOCATIONS I VEHM ES (AeORD111%Addidanel Noundw Bshsdras, may be aNadied Unarm all90e Is nqulndi
Il CA Operations.
City of San Bernardino
209 North "D" Street
San Bernardino, CA 82401
SHOULD ANY OF THE ABOVE DESCWBED POLICIES BE CANCELLED BEFORE y
THE EXPIRATION DATE THEREOF, NOTICE W LL BE DEUNIERE) IN
ACCORDANCE V IT I THE POLICY PROVISIONS. i
AU HONRED 11EM68ENTATNE
ACORD 26 (2016103'1986-2015 RD CORPORATION. All rights reserved.
The ACORD name and logo are mgisle d marks of ACORA
Additional Insured - Vendors - CG 20 15 04 13
Policy Amendments) Commercial General Liability
Insured; SPECIALTY EQUIPMENT INSURMCE ALLI►.NCE Policy Number:
Proms: ALLWNT INSURANCE SERVICES INC Effective Date:
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Part
Products/Completed Operations Liability Coverage Part
Schedule
Name Of Additional Insured Person(s) Or Organization(s) (Vendor)
City of San Bernardino
290 North "D " Street
San Bernardino, CA 92401
MXG07326876
09-13-2016
Your Products
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A Section II - Who Is An Insured is amended to
include as an .additional insured any person(s) or
organization(s) (referred to throughout this
endorsement as vendor) shown in the Schedule,
but only with respect to bodily injury or property
damage arising out of your products shown in the
Schedule which are distributed or sold in the
regular course of the vendor's business.
However:
1. The insurance afforded to such vendor only
applies to the extent permitted by law, and
2. If coverage provided to the vendor is required
by a contract or agreement, the insurance
afforded to such vendor will not be broader
than that which you are required by the
contract or agreement to provide for such
vendor.
B. with respect to the insurance afforded to these
vendors, the following additional exclusions apply:
1. The insurance afforded the vendor does not
apply to:
a. Bodily injury or property damage for
which the vendor is obligated to pay
damages by reason of the assumption of
liability in a contract or agreement. This
exclusion does not apply to liability for
damages that the vendor would have in
the absence of the contract or agreement;
This Form must be attud wd do Change Endorsement when issued after the policy is written.
One of the Fhvmaa's Fund imurs acs Companies as named in the policy
Secretary
President
CGMIS 413 P 1 of 2
+ rmursaee Services o1Fm roc— 2012
b- Any express warranty unauthorized by
you;
c. Any physical or chemical change in the
product made intentionally by the
vendor,
d- Repackaging, except when unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under instructions
from the manufacta rer, and then
repackaged in the original container,
e. Any failure to make such inspections,
adjustments, tests or servicing as the
vendor has agreed to make or normally
undertakes to make in the usual course
of business, in connection with the
distribution or sale of the products, C.
£ Demonstration, installation, servicing or
repair operations, except such operations
performed at the vendor's premises in
connection with the sale of Bre product;
g. Products which, after distribution or sale
by you, have been labeled or relabeled
or used as a container, part or ingredient
of any other thing or substance by or for
the vendor; or
h. Bodily injury or property damp arising
out of the sole negligence of the vendor
for its own ads or omissions or those of
its employees or anyone else acting on its
behalf However, this exclusion does not
apply to:
(1) The exceptions contained in Sub-
paragraphs d. or f.; or
(2) Such inspections, adjustments, tests
or servicing as the vendor has agreed
to make or normally undertakes to
make in the usual course of
business, in connection with the
distribution or sale of the products.
2. This insurance does not apply to any insured
person or organization, fiom whom you have
acquired such products, or any ingredient,
gait or container, entering into,
dying or containing such products.
With respect to the insurance afforded to these
vendors, the following is added to Section III -
Limits Of Insurance:
If coverage provided to the vendor is required by
a contract or agreement, the most we will pay on
behalf of the vendor is fire amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of insurance shown in the Declarations.
OG2015 4-13 Page 2 of 2
+ rngurnm swrim officc. I=, 2012
�ruARA'IO
CITY OF SAN BERNARDINO
^^ G BUSINESS REGISTRATION CERTIFICATE APPLICATION
�CITY HALL 290 NORTH "D" STREET, SAN BERNARDINO, CA 92401
'f OFFICE 201 N. E SL. I" FLR, SAN BERNARDINO, CA 92401
°f i�t.l, LS ��MAILING P.O. BOX 1318, SAN BERNARDINO, CA 92402
PHONE: (909) 384-5302 ACCOUNT NO.
THE FOLLOWING IS PUBLIC INFORMATION:
BNew ❑Renewal ❑Other
City of San Bernardino Business Start Date: October 1, 2019
Name ofBusiness/DBA: Stommel Inc DBA Lehr Auto
Location of Business: 1370 North MCCan St
Address (CANNOT BE P.O.BOX)
Mailing Address: 4707 Northgate Blvd
Ahaheim,
City
Sacramento,
CLASS:
Ca 92806
State Zip Code
Ca 95834
Address f City State Zip t
Name of Owner/Corporation: Jim Stommel Business Phone#: 916 646 66226
(Attach separate sheet for corporate officers/partners)
Description of Business/ Products Sold: Emergencey vehicle parts/supplies/ computers to upfit emergency vehicles
Business Type: ❑Sole Ownership ❑Partnership ®Corporation ❑LLC
Contractor's State License I State Sales Tax #:
Contractor's License Expiration Date: Number of Employees:
THE FOLLOWING IS CONFIDENTIAL INFORMATION:
STATE LAW REQUIRES THE CITY TO OBTAIN INFORMATION FROM THE BUSINESSES IT REGISTERS
AND TRANSMIT IT TO THE STATE FRANCHISE TAX BOARD. YOUR COMPLETION OF THE
INFORMATION REQUESTL-D ON THIS APPLICATION IS APPRECIATED, AND WILL ELIMINATE THE
NEED FOR A FRANCHISE TAX BOARD INVESTIGATOR TO CONTACT YOU TO OBTAIN THIS
INFORMATION. THE FOLLOWING MAY BE RELEASED ONLY TO A TAXING AUTHORITY OR ANYONE
WITH A COURTORDER DEMANDING SAME (SAN BERNARDINO MUNICIPAL. CODE SECTION 5.04.021 }
OWNER/CORPORATE OFFICE CONTACT INFORMATION
4707 Northgate Blvd Sacramento Ca 95834
Residence Address City State Zip Code
916 646 6626 _
Home Phone # Driver's License # Date of Birth
S corporation 61 1499917 Ca
Social Security/MN# Partnership/Corporation Tax I.D. # State
61 1499917 / CA 2855852 IRState ®Federal
Employer Identification #
kathryn@lehrauto.com
E-mail address
013 -mail Renewals Only
I DECLARE, UNDER THE PENALTY OF PERJURY, THAT THIS APPLICATION
HAS BEEN EXAMINED BY ME AND TO THE BEST OF MY KNOWLEDGE AND
BELIEF IS A TRUE, CORRECT AND COMPLETE STATEMENT OF FACTS.
SIGNATURE (X)
Owner doriw� Rcpresonlative
(PoTE: APPLICATION CANNOT BE ACCEPTED OR
PROCESSED WITIIOUT A SIGNATURE.)
For Office Use Only
COMPUTATION
FEE
OF FEES:
AMOUNT
GROSS RECEIPTS:
(PREVIOUS 12 MONTHS)
$
PRIOR YEAR ADJUSTMENT'
$ ___._._._.. ,.
FLAT RATE:
$
NUMBER OF VEHICLES/
GAMES OR VENDING
MACHINES:
$
PENALTY: %
$
EXT.ENF. FEE: %
$
OTHER
$
STATE MANDATED
DISABILITY ACCESS AND
EDUCATION FUND:
TOTAL AMOUNT DUE:
$
MAKE CHECK OR MONEY ORDER
PAYABLE TO THE CITY OFSAN BERNARDINO
CREDIT/DEBIT CARD ACCEPTED
(ADDITIONAL FEES APPLY)
Expiration Date: Amount: S Check #: Date: By:
Rev 06/12/2017
.a9
Request for Taxpayer
Give the
Form
(Rev. October 20111Q
Identification Number and Certification
Form to
requester. Do not
oepertnrera �0T—+y
send to the IRS.
Internal F%karreSendoa
► Go to www.1rsgov/F6rmW9 for Instructions and the latest Information.
1 Name (as shown on your Income tax return} Name is required on this rite; do not leave this line blank.
Stommel Inc
2 Business name✓dsreganfed entity name, if different from above
DBA Lehr locations are Sacramento Ca Pjttsbur Ca Anaheim Ca Hayward, Ca Salem Or
0
3 Check appropriate box for federal tax ciassiicatlon of the person whose name is entered on ire 1. Chock only one of the
4 Exemptions (codes apply only to
is
following seven crakes.
certain entities, not individuals; see
o
❑ IntiAduatbole proprietor or ❑ C corporation 0 S Corporation ❑ Partnership ❑ TrusVeslate
hsisudbns on page 3):
osingle
-member LLC
Exempt payee code (d any)
❑ Umited NW)My company. Enter the tax classification (C=C corporation. S=5 corporation, P=Partnership) ►
g
Note: Check the appropriate box In the line above for the tax classification of the single -member owner. Do not check
LLC 9 the LLC Is classified -member LLC that Is disregarded from the the the LLC is
Exemption from FATCA reporting
s
as a single owner unless owner of
another LLC Drat Is not disregarded from the owner for U.S. federal tax purposes. OtImmulse, a single -member LLC that
code (if any)
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
❑ Other (see Instructions) to-
t%PPff•+noacmvxanumubwaerrdoerrrsl
kp
5 Address (number, street and apt. or suite no.) See instructions.
Requester's name and address (optionali
N
4707 Notch ate Blvd
ti Qty, state. and ZIP code
Sacramento Ca 95834
7 List soeount number(s) here (optbnaQ
JIM
Taxpayer identscation Number TIN
Enter your TIN in the appropriate box- The TIN provided must match the name given on line 1 to avoid
social security number
backup For individuals, this is generally your soda) security number (5SNr. However, for a
alien. soling.
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
- m -
entities, it Is your emobver Identification number (EIN). If you do not have a number, see How to stet a
TIN, later. or
Nota. If the account Is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number
Number To Give the Requester for guidelines on whose number to enter.
6 1- I 1 1 4 1 9 1 9 1 9 1 1 1 7
Under penalties of perjury, 1 certify that-
1.
hat
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
2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b)1 have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a rasLlt of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3.1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (If any) Indicating that I am exempt from FATCA reporting is correct.
Certification instrucdotts. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to repot all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part iI, later.
-Vryrr signature of G
Here
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest Information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to wwwJrs.gov/FbtmW9.
Purpose of Form
An Individual or entity (Form W-9 requester) who is required to fide an
information return with the IRS must obtain your correct taxpayer
Identification number MN) which may be your social security number
(SSW Individual taxpayer identification number (ITIN), adoption
taxpayer Identification number (ATIN), or employer Identification number
(EIN), to report on an infomtaaon return the amount paid to you, or other
amount reportable on an Information return. Examples of information
returns Include, but are riot irnited to, the following.
• Form 10994NT (interest earned or paid)
• Form 1099 -DN (dividends, including those from stocks or mutual
funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-5 (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (tame mortgage interest), 1098-E (student loan interest,
i 098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of wowed property)
Use Form W-9 only if you are a U.S. person (Including a resident
alien), to provide your correct TIN.
It you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withhotdtng. See What is backup withholding,
tater.
Cal. No. 10231X Form W-9 (Rev. 10.2018)
CDTFA-230 REV. 1 W17)
GENERAL RESALE CERTIFICATE
I HEREBY CERTIFY:
STATE OF CALIFORNIA
CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION
California Resale Certificate
1. 1 hold valid seller's permit number: 100 718005
2. 1 am engaged in the business of selling the following type of tangible personal property:
Emergency vehicle upfit parts and supplies vehicle lighting parts and supplies
3. This certificate is for the purchase from
listed in paragraph 5 below.
[Vendor's name]
of the Rem(s) I have
4. 1 will resell the item(s) listed in paragraph 5, which I am purchasing under this resale certificate in the form of
tangible personal property in the regular course of my business operations, and I will do so prior to making any
use of the item(s) other than demonstration and display while holding the item(s) for sale in the regular course of
my business. I understand that if I use the item(s) purchased under this certificate in any manner other than as
just described, I will owe use tax based on each item's purchase price or as otherwise provided by law.
5. Description of property to be purchased for resale:
Emergency vehicle upfit parts and supplies vehicle lighting parts and supplies
6. 1 have read and understand the following:
For Your Information: A person may be guilty of a misdemeanor under Revenuer and Taxation Code section
6094.5 if the purchaser knows at the time of purchase that he or she will not resell the purchased item prior to any
use (other than retention, demonstration, or display while holding it for resale) and he or she furnishes a resale
certificate to avoid payment to the seller of an amount as tax. Additionally, a person misusing a resale certificate
for personal gain or to evade the payment of tax is liable, for each purchase, for the tax that would have been
due, plus a penalty of 10 percent of the tax or $500, whichever is more.
Stommel Inc DBA Lehr (locations Sacramento, Ca Pittsburg, Ca Hayward, Ca Anaheim, Ca)
Kathryn Deering I Office Manager
Corporate office: 4707 Northgate Blvd Sacramento, Ca 95834
( 916 ) 569 8502 _ l 2/22/2019