HomeMy WebLinkAboutTRI-COUNTY INTERIORS 2City of Santa Ana
Clerk of the Council
4D AGREEMENT TERMM
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Revised 07-22-09
ATION FORM
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hed agreement and all amendments (if any) .M 19 M 2=" 42
cil Office (M-30 -Y OF SANTA ANA
)• LERK OF COUNCIL
`Dr'uvcal.? 9\?ertD13
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Signature:
Date:
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INSURANCE NQT_ ON FILE
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CLERK OF COUNCIL
DATE: ~-~-~ AGREEMENT FOR PROVISION OF SERVICES
N-2008-104
a', ctip~~~>~Po+~~-~
C~~olyh (=,~Iler~~ 1HIS AGREEMENT, made and entered into this 1st day of July, 2008, by and between.
Tri-County interiors, a California corporation (hereinafter "Contractor"), and the City of Santa
Ana, a charter city and municipal corporation duly organized and existing under the Constitution
and laws of the State of California (hereinafter "City").
RECITALS
A. The City des'.res to retain a Contractor having special skill and knowledge in the field of
general construction services.
?. Centracu>r represents that Contractor is able and willing to pmvide such services tii the
City.
C. In undertaking the performance of this Agreement, Centractor represents that it is
knowledgeable in its field and-that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NO'Vi%' ~'fflERF;;I+'C~RE, in consideration of the mutual and respective promises, and subject fci the . '~ ,
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOfl E OF 3ERVflCES
Coutractor shall perfomr orf-call services, as needed,'for minor building and grounds
repairs and renovations. The Depot Management (City) shall inform Contractor when work is
needed and Contractor shall respond within five (~) working days with a written formal bid
proposal. The City may accept, reject or negotiate with Contractor regarding said proposal.
Contractor shall perform said services only after receiving written approval of the proposal from
Depot P,4anagement. Contractor is hereby authorized to perform all services using guidelines
attached'nereto in Exhibit A to this Agreement.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees do accept as total payment far its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement shall not exceed $2,000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards ofperformance set forth in the Recitals
which may reasonably he expected by City.
3. TERM
This Agreement shall terminate on June 30, 2009, unless terminated earlier pursuant to
Section 12.
4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create anemployer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating. to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking perfornance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors; if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor shall maiutain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as
additiohal insureds) and shall include, but not be limited to protection against claims arising
from bodily and personal injury, including death resulting therefrom and damage to property,
resulting from any act or occurrence arising out of Contractor's operations in the pertorrriance of
this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance
shall be not less than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of $1,000,000 per
occurrence. Contractor shall supply the City with a fully executed additional insured
endorsement in substantially the form attached hereto as Exhibit B upon execution of this
Agreement and shall be approved in form by the City Legal Counsel.
h. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,OOQ,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against
;lability for worker's compensation or to undertake self-insurance. Frior to commencing the
performance of the work under this Agreement, Contractor agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
e. The following requirements apply to the insurance [o be provided by Contractor
pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Legal Counsel.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in-.any other material aspect without
thirty (30) days prior written notice to the City.
£ If Contractor fails or refuses to produce or maintain. the insurance required by this
section or fails or refuses to famish. the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its
time and materials expended prior to notification of termination.. Contractor waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insuvance.
6. 1NUEIVINIF'iCAT [ON
Contractor agrees to and shall indemnify and hold harnilass the City, its officers, agents,.
employees, Contractors, special counsel, and representatives from liability: (1) for personal
injury, damages„ just compensation, restitutio~r, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Contractor or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make alLreasonable decisions with respect to its
representation in any legal proceeding.
CONFIDENTIALITY
if Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information; but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
~. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has uo interests and- shall not have interesrs, direct
or indirect, which would conflict in any matuter •.vithpePformance of services specified under
this Agreement.
9. NOTICE ~ ,
Any notice, t.;nder, demand, delivery, orother communication pursuant to this ,
" Agreement shall be in writing and shall be deemed 4o beproperly given if delivered in person or
mailed by tit: t class or certified mail, postage prepaid, or sent by telefacsimile or other
telegrapl!ic communication in the'manner provided in this Section, to the following persons::.'..
To Cay:
Deputy City Mgr. for Development Services
Community Development Agency ~ City of Santa Ana.
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza (Ib1 ~9)
P.O. Box 1988
Santa Ana, California 92'102
Telefacsimile (714) 647-6515
To Contractor:
Tri-County Interiors, Inc.
1592 N. Batavia
Orange, CA 92867
Attn: Dan Rosa
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, arty notice, tender, demand; delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile; any notice, tender, demand, delivery; or
other communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the comglete and•exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. in
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Contractor. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, thaC terms and conditions hereof, shall not bind or obligate Contractor nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which axe not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer; delegate, or subcontract any interest herein without the prior
written consent ofthe City and any such assignment, transfer, delegation or subcontract without
the City's prior ;written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other Contractors retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30} days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the City Manager, or his designee, may require
Contractor to deliver to the City all work product completed as of such date, and in such case such
work product shall be the property of the City unless prohibited bylaw, and Contractor consents to
the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin,-ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Contractor affirms that it is an equal opportunity employer
and shall comply v/ith all apphcablz federal, state and local laws and regulations.
14. JURISDICTION -VENUE
This Agreement and all questions relating to its validity, interpretation, performance; and
enforcement shall be governn.ent and.constmed in accordau.;e with the laws of the State of
California. This Agreement has been exec~rted and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and govented by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue. for any action or proceeding that may
be braught or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Contractor shall, throughout the teem of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services.
hereunder and required by the laws and regulations of the United States, the State of California.
the City of Santa Ana and all other governmental agencies. Contractor shall notify the City
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shalt
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
` Patricia, E: Healy
Clerk of the Council
CITY OF SANTA ANA
David N. Ream
City Manager
APPROVED AS 1'O FORM: CONTRACTOR:
JOSEPH W: FLETCHER Tri-County Interiors, inc.
City Attorney G ~---
Lisa E. Storck Name: Dan Rosa
Assistant City Attorney Title:
Tax iD# pS p~ Z 4 4-' 1 O
RECOMMENDED FOR APPRO VAL:
~y_ .~
CyPtfh~a 1. PJels n, Deputy City Manager
for Development Services
7
EXHIBIT B
ADDITIONAL INSUKED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza (M-25), Santa Ana, California
92701, its officers, employees, agents, volunteers and representatives are named as additional
insureds ("additional insureds") with regard to liability and defense of suits arising from the
operations and uses performed. by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person ar organization as an insured shall not affect any right which such person or arganization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza (M-251, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy #
Issued to
this endorsement form as a par[ of
Named Insured
Countersigned by _
Authorized Representative
Tri-County Drywall & Interiors, Inc.
August 11; 2008
City of Santa Ana
The Depot a[ Santa Ana
1000 East Santa Ana Blvd.
Santa Ana, California 92701
Ref: Labor Rates (Full Burdened)
Trade: Straight Time Overtime Doable
CarpenterJoumeyman $46.40 $62.64 $77,27
Carpenter Foreman $48.40 $65.34 $88.21
Carpenter Superintendent $65.00 $87.75 $118.46
Laborer $36.00 $48.60 $65.61
Acoustical Journeyman $46.40 $62.64 $77.27
Acoustical Foreman $48.40 $65.34 $gg,21
Acoustical Superintendent $65.00 $87.75 $118.46
Drywall Journeyman $46.40 $62.64 $77.27
Drywall Foreman $48.40 $65.34 $gg,21
Drywall Superintendent $65.00 $87.75 $118.46
Cabinet Maker $51.20 $69.12 $93.31
Project Manager $75.00 $101.25 $136.69
Administration $38.25 $51.64 $69.71
Painting Journeyman $46.70 $63.05 $85.12
Painting Foreman $49.50 $66.83 $90.22
Concrete Journeyman $48.00 $64.80 $g7,4g
Concrete Finisher $46.00 $62.10 $83.84
Tile Setter $49.60 $66.96 $90.40
Sub Contractor Mark Up (Cost Pl us) I S%
Material Mark-Up (Cost Plus) 10%
Equipment mark-up (Cost Plus) 10%
Regular Hours: 6:00 a.m. to 2:30 p.m. Monday thm Friday.
Overtime: 3:00 p.m. to 12:00 Weekdays. 6:00 a.m. to 6:00 p.m. Saturday
Double Time: 12:00 a.m. to 6:00 a.m. Weekdays. Afrer 6:00 p.m. Saturday. Sunday's and Holidays.
Thanks,
Daniel R. Rosa
1592 N. Batavia, Orange, California 92867 714/864-7243 Fax 714/455-7766
ACORD~ CERTIFICATE OF LIABILITY INSURANCE ~ DAT~~~ Y71
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DESCRIPTION OF OPERATIONSILOCATION9NENICL.E3IEXCLkISIONS ADDED $Y ENDORSEMENT/ SPECIAL AROViSiONS
SEE 5UPPLEMENTAL CERTIFICATE WFORMATION
CiRTiFICATE a1LILDER L.AMC:ELLJ•TO]N
CITY OF BANTA ANA SNOVLO ANY OP 7NE A90YE OESCRreEO POLY;IES BE fJVICEUFD BEFORE 7NE
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ACORD 26 (2001N91 CMNICAtt • 35053 07 ACORD CORPORATION 18aa
49dhi 9 5 '~ey~ amii oanlaaa~
POLICY NUMBER; CBP824f272 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGB$ THE POLICY. PLEASE READ THIS i:AKEFULLY
ADDITIONAL INSURED PRIMARY COVERAGE
This endorsement modifies insurance provided under the fallowing:
COMMERCfAL GENERAL LIABILITY COVERAGE PART
7hi~ insurance 1c prlmary Iw the parson or organization shown in fhe schsdule, but only with respell to liability arising out of your
work or that insured by or for you. Other insurance afforded to that Insured will apply as excess and not COlitribute as prlmary so the
inSUranCa afforded by this endorsement.
All other endorssmen! provisions, conditions and exclusions of this insurance shall remain unchanged and apply to the additional
insured and described below.
SGHEDULE
ADDITIONAL INSURED CONTRACTlPF~ JO ECT
CITY OF SANTA ANA
THE DEPOT AT SANTA ANA
1000 E. SANTAANA BLVD STE 108
SANTA ANA CA 92701-3900
NAMED INSURED 7RI-COUNTY UKYVVHLL AND INTERIORS,
1NC
1592 N. BATAVIA, SUITE 2
ORANGE CA 92867
'i'0 ~~
A1?Yg~~~ Aa
G1SA~ CS~OA~soeY
pssls~
~~ `~
Cenficete VI 36053
CeRificate ~ 36053
. .. .., - VJdtl~~ ,6 ,eW a~li"'il''~"an~~~ag ~3 r.t
~DtbT1TONAL a15L-aF17 c ~
FORS r mar Y7~x~raryYOLTCY
Golden Eagle Insurance Company
'ibis t rnodiflCS aucte iasutanee as is afforded by ~e ptov»ioa: of Policy
# CBP8241272 tY1~g m, the fallowipg
t. The Ciryof,Satrta ~. ZO Civic Ceoner Plana, Strata Ana, Caiifoeale~ 92701; ita
officers, employees, agents, vot~ugtsas and nepttvas aae named as additional ineoted
C'additinnal innmed") with regard to lie6ility and ds8mse of earls ari~aing Trom cne opdxnons ana
~ by ar on behalf of the ttt~cdmsutdd.
2. With respect to claims arising out of the
behal£of ffie Damned ~r'ed, snit ~ e.nnn ,. ae iC Al~.vd
uses parfem~cd by Drop
d. With rerj-act to f~ additlamisl in5ttred, dus insnrence abali not be trdppetied, ar
~ mebetially reduced in coverage or 1ia~ esoapt aiEar thirty (303 days wripee antics has been
given to the City of Santa Ana, 20 Citvic Canter Piaztl, Septa Ana. Cali~ia 92701.
(CemP]etion of the fbtlo~ving; iucltaiiap ootmotersignanu+r, iS r+puired to make thin eaadorseoeeut
r~ctive~.)
EtTiective 3/9/07 pia ~Ot~Ortaent farad a3 apart of
Policy# P8241272
Issued t0 Tsi ~rnmt3r 1)r~ural7 a Tnta=j,nrs Tnr
2~iamrd T+~vur.~t
Cotmt~od by _~ ;~ ~~
Au~rned l~eprc5eatative
+M ~QM
EQ
A~pgo~~~
5p ~ ~~oy.
~ C ~ `~~
keceived Time Mar & 9;16AM
3. Tfiis iuasltxanee applies aepa~ly to each insured whom claim ia:asdts or
5tllt is biongbt eXCapt with reapea toSbls cor~auy's limits of tiebiNey. The inclut3aa ofany
pecaon or asgdnrcation as sn iusme~ absll let sffoat any right which such peason ar orsanizatipn
would have as a claimant if aot eo iaolgded,
~eb .P.OS 03:55p
Tllagl
IV - ;;LOO&- -lot
CERTHOLDER COpy
STATE
COMPENSATION
INSURANCE
FUND
P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 02-19-2009
GROUP: 000236
POXY NUMBER: 0006262-2006
CERTIFICATE ID: 130
CERTIFICATE EXPIRES: 01-01-2010
01-01-2009/01-01-2010
THE CITY OF SANTA ANA
20 CIVIC CENTER PLZ M-26
SANTA ANA CA 92701-4066
SG
~OB:TC9-003 BABY CHANGER INSTALLATION
1000 EAST SANTA ANA BLVD.
SANTA ANA
CA 92701
Thlss to certify that we have issued a valid Workers' Compensation insurance policy in .a form Clpproved by the
C.ilifornia I"su,'i.lnce Commissioner 10 the employer named below for the policy period indicated.
This policy is no~ subject to cancellation by the Furd except upon SO days ad....ance wr'tten notice to the employer,
We will <Iiso give you ::10 d.RYS .dv..nce notjc~ should this policy be cancelleo prior to its norm::.! e"'pir.ation.
This certif,cate of insurance '5 not an Insurance policy and does not amend, extend or alter the coverage affOlded
by the policy listed he'ein. Notwithstanding any requirement term or condition of any contract or other document
with resDect to which this certificate of Insurance may be issued or to which it may pertain, the Insur.ance
afforded by the policy described 1erein is subject to all the terms, exclusions, and conditions, of such policy.
d::"EPRESENTATI ~E~
EMPLOYER'S LIABILITY LIMIT INCLUDING OEFENSE COSTS: $1,000,000 PER OCCURRENCE,
ENDORSEMENT #001S ENTITLED ADDITIDNAL INSURED EMPLOYER EFFECTIVE 2009-02-19 IS
ATTACHED TO ANO FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED:
THE CITY OF SANTA ANA
ENDORSEMENT #1600 - PICHON, BERNARD W P,S T EXCLUDED.
ENDORSEMENT #1600 - BARRON, FELIPE VICEPRES EXCLUDED.
ENDORSEMENT #2065 ENTITLEO CERTI~ICATE HOLDERS' NOTICE EFFECTIVE 01-0'-2009 IS
------ ATTACHED TO AND FORMS A PART OF THIS POLICY.
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o fORM
A.PPROVED AS T
/ ~/
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-.J --
/ '~aura SUlt :,,,ecdy
Assistant City Attorney
EMPLOYER
GAfF GROUP, INC AND/OR TRI-CDUNTY ORYWALL &
INTERIORS INC.
660 S STATE COLLEGE BLVD
FULLERTON CA 92891
[BtE.SPj
PRINTED 02-19-2009
(REV.2-051
p.2
SG