HomeMy WebLinkAboutMcMurray Marketing Communications - 2008-03-01Name of Contractor: McMurray Marketing Communications
Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park
Publications and Marketing for the 4th of July Celebration
Amount of Contract: $15,000.00
Copy of contract distributed to: The original insurance certificate/waiver distributed
❑
Initiating Dept. ❑ to Risk Management
Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑
xl�
Nam /Exte ion
City Attorney's Office
Date: 17 G
G:AttyMisc/Contract Forms/City Clerk Transmittal
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTIN�/G/ TONS BEACH
/AND L
/� 1 FOR 1 4+
Y-f" 04- �h /� lf/II S 040
Table of Contents
Scopeof Services.....................................................................................................
I
CityStaff Assistance................................................................................................2
Term; Time of Performance.....................................................................................2
Compensation..........................................................................................................2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents...........................................3
HoldHarmless.........................................................................................................3
Professional Liability Insurance.............................................................................4
Certificate of Insurance............................................................................................5
Independent Contractor............................................................................................6
Termination of Agreement.......................................................................................6
Assignmentand Delegation......................................................................................6
Copyrights/Patents...................................................................................................7
City Employees and Officials..................................................................................7
Notices.........................................................................................7
Consent....................................................................................................................8
Modification.............................................................................................................
8
SectionHeadings.....................................................................................................8
Interpretation of this Agreement..............................................................................8
DuplicateOriginal....................................................................................................9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited................................................................9
Attorney's Fees..........................................................................................................10
Survival.....................................................................................................................10
GoverningLaw.........................................................................................................10
Signatories.................................................................................................................10
Entirety......................................................................................................................10
EffectiveDate.................................................................................
I I
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTI�NGTON BEACH AND
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FOR
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THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as
"CITY, and tV74—k t /,- g , a So/t hereinafter referred
/i in M o n it'4 !4/ o- I
to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
h a /� c rt /a r�i o-, I a o! .►� e- ,E v �,—;and
r't /r 6 " s
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is
attached hereto and incorporated into this Agreement by this reference. These services shall
sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates /:14 - 6/ 4 -c /''% /' %-w y who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
agree/swfnet/professional sves to $49
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
3. TERM,• TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on M q !� , 20 o tr (the "Commencement Date"). This Agreement
shall automatically terminate three (3) years from the Commencement Date, unless extended or
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no
later than r / X *, o , / � s from the Commencement Date. The time for performance
of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule
may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and
CONSULTANT.
In the event the Commencement Date precedes the Effective Date,
CONSULTANT shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B,"
which is attached hereto and incorporated by reference into this Agreement, a fee, including all
costs and expenses, not to exceed A&t. r ti — d; Dollars
($ fS'.9 006 )
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit ",A," CONSULTANT will undertake such
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work only after receiving written authorization from CITY. Additional compensation for such
extra work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of ]Exhibit "B."
7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and office notices,
calculations, computer code, language, data or programs, maps, memoranda, letters and other
documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY
upon expiration or termination of this Agreement or upon PROJECT completion, whichever
shall occur first. These materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or appointed officials, employees, agents and volunteers from and
against any and all claims, damages, losses, expenses, judgments, demands and defense costs
(including, without limitation, costs and fees of litigation of every nature or liability of any kind
or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's
subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its
failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its
officers, agents or employees except such loss or damage which was caused by the sole
negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole
cost and expense and CITY shall approve selection of CONSULTANT's counsel. This
indemnity shall apply to all claims and liability regardless of whether any insurance policies are
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applicable. The policy limits do not act as limitation upon the amount of indemnification to be
provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One Million
Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance
shall not contain a self -insured retention, "deductible" or any other similar form of limitation on
the required coverage except with the express written consent of CITY. A claims -made policy
shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of the
scope of work (including subsequent policies purchased as renewals or
replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that
might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during the
required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision
of at least two (2) years to report claims arising from work performed in connection with this
Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance required
by this section or fails or refuses to furnish 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
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forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be
paid for its time and materials expended prior to notification of termination. CONSULTANT
waives the right to receive compensation and agrees to indemnify the CITY for any work
performed prior to approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required by this Agreement; the certificate shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or canceled
by either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice; however, ten (10) days' prior written notice in
the event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the
work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in
this Agreement. CITY or its representative shall at all times have the right to demand the
original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely
manner, the premiums on the insurance hereinabove required.
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11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and all
payment of all taxes, social security, state disability insurance compensation, unemployment
compensation and other payroll deductions for CONSULTANT and its officers, agents and
employees and all business licenses, if any, in connection with the PROJECT and/or the services
to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or without
cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement
by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as
provided herein. In the event of termination, all finished and unfinished documents, exhibits,
report, and evidence shall, at the option of CITY, become its property and shall be promptly
delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned, delegated or subcontracted by CONSULTANT to any other person or entity without
the prior express written consent of CITY. If an assignment, delegation or subcontract is
approved, all approved assignees, delegates and subconsultants must satisfy the insurance
requirements as set forth in Sections 9 and 10 hereinabove.
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14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee
in the work performed pursuant to this Agreement. No officer or employee of CITY shall have
any financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either
by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to
CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage
prepaid, and depositing the same in the United States Postal Service, to the addresses specified
below. CITY and CONSULTANT may designate different addresses to which subsequent
notices, certificates or other communications will be sent by notifying the other party via
personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: /,;..� ��, c < 1.+.•,�,.., ,�, �r,vt rJ
2000 Main Street
Huntington Beach, CA 92648
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TO CONSULTANT:
Ai Ice 4., el .n%
17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to
any subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and are
included solely for convenience of reference only and are not representative of matters included
or excluded from such provisions, and do not interpret, define, limit or describe, or construe the
intent of the parties or affect the construction or interpretation of any provision of this
Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed
dependent upon any other unless so expressly provided here. As used in this Agreement, the
masculine or neuter gender and singular or plural number shall be deemed to include the other
whenever the context so indicates or requires. Nothing contained herein shall be construed so as
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to require the commission of any act contrary to law, and wherever there is any conflict between
any provision contained herein and any present or future statute, law, ordinance or regulation
contrary to which the parties have no right to contract, then the latter shall prevail, and the
provision of this Agreement which is hereby affected shall be curtailed and limited only to the
extent necessary to bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of
the date of its execution and delivery, be deemed an original. Each duplicate original shall be
deemed an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall,, in particular, comply with the provisions
1
of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
agree/surfnet/professional svcsto $49
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24. ATTORNEY' S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall
bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its
attorney's fees from the nonprevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of
the State of California.
27. SIGNATORIES
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 shall indemnify CITY fully 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.
CONSgJg,TANT's initials
28. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arm's length negotiation, and that each has had the
opportunity to consult with legal counsel prior to executing this Agreement. The parties also
acknowledge and agree that no representations, inducements, promises, agreements or
warranties, oral or otherwise, have been made by that party or anyone acting on that party's
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behalf, which are not embodied in this Agreement, and that that party has not executed this
Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or
circumstance not expressly set forth in this Agreement. This Agreement, and the attached
exhibits, contain the entire agreement between the parties respecting the subject matter of this
Agreement, and supersede all prior understandings and agreements whether oral or in writing
between the parties respecting the subject matter hereof.
29. EFFECTIVE DATE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers. This Agreement shall be effective on the date
of its approval by the City Attorney. This Agreement shall expire when terminated as provided
herein.
CONSULTANT,
�rrd.
CONMANY NAME
wo I
Yn m tt n i c
By
print name
ITS: (circle one) Chairma residen ice President
AND
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary — Treasurer
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CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
California
; 4,-j ,5�, AdDirector/Chief
(Pursuant To#IBMC §3. 03.100)
APPROVED AS TO FORM:
b fa
City Attorne
Date ?6—}f
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
CONSULTANT shall provide CITY and EXECUTIVE BOARD with public relations
and marketing -related consultations services for the 2008 Fourth of July events including
the Parade, Pier Festival, Fireworks show and related activities. Specific duties shall
include, without limitation, all of the following:
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
1. Coordinate and oversee all aspects of media relations, working closely with the
Executive Board to consult on media options; develop media recommendations;
coordinate contractual details between Board, City and media entities; and,
manage on -site media relations during all events as needed.
2. Develop a detailed media plan and strategy recommendations to increase awareness
and drive attendance at all events. Create promotional opportunities with local
media; coordinate advertising buys and/or production of ads; and prepare a timeline
3. Produce a media kit
4. Write and distribute press releases, feature stories, general announcements, and
public service announcements.
5. Coordinate stories, photos and information for any special publications.
6. Review and assist in the writing of any materials for the Executive Board and its
committees, including sponsorship packages, letters and a basic crisis
communications plan.
i. Advise and assist Committee Chairs (Sponsorship, Expo, Celebrities, VIPs,
Entertainment) with promotional opportunities and other assistance as needed.
8. Assist with Sponsor Recognition Party and VIP events as needed.
9. Attend all meetings as requested by the Executive Board Chair
10. Provide status reports at each board meeting.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. City will have full oversight and control over all work product generated by the
Consultant and consultant shall not release any information, either verbal or written
without the express approval of the City.
2. Provide guidance, oversight and final approval of all design, production, printing and
other created work.
3. Approve, prior to release, all media recommendations and plans.
jmp/contracts group/exA/3/26/08
EXHIBIT "A"
D. WORK PROGRAM/PROJECT SCHEDULE:
CONSULTANT shall provide all of its services under this Agreement in a timely manner
to ensure no delay or impact on CITY's Fourth of July events for time of this contract.
jmp/contracts group/exA/3/26/08
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee
set forth herein in accordance with the following progress and payment schedules.
Total fees shall not exceed Fifteen Thousand Dollars ($15,000.00). CONSUTANT agrees to inform
the CITY when CONSULTANT is at the point of reaching the maximum limit. CONSULTANT
shall not continue with any work effort over the amount of the maximum limit unless first authorized
in writing by City authorized representative(s).
2. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate
progress toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the
schedule of performance set forth in Exhibit "All may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or
until this Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly rate charged for
such time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate and
apart from the ongoing performance of the remainder of this Agreement.
Surfnet Exhibit B
EXHIBIT B
Fixed Fee Payment
Professional
y` osoda Service Contracts
PurchasingCertification
� CEE D
1. Date: 3/5/2008
2. Department: Community Services
3. Requested by: Naida Osline
4. Name of consultant: McMurray Marketing Communications
City of Huntington Beach
City p.horney'e Office
5. Attach the written statement of the specification, conditions, and other requirements for the requested
services provided to solicited consultants.
Provide public relations and marketing for the 4th of July Celebration.
6. Amount of the contract: $15,000
7. Are sufficient funds available to fund this contract?' ® Yes ❑ No
8. Is this contract generally described on the list of professional service contracts approved by the City
Council?' ® Yes ❑ No
9. Business Unit and Object Code where funds are budgeted: 20445803.69300
10. Is this contract less than $50,000? ® Yes ❑ No
11. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
12. Is this contract over $100,000? ❑ Yes ® No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to contract.)
13. Were formal written proposals requested from at least three available qualified consultants?
❑ Yes ® No
14. Attach list of consultants from whom proposals were requested (including a contact telephone number).
,//9
15. Attach proposed scope of work. /
16. Attach proposed payment schedule.
'1
i ,rbepa ment Head Sign re
LL/
1. If the answer to this question is "No," the contract will require approval from the City Council.
Su i� INSURANCE AND INDEMNIFICATION WAIVER
Hunfin Beach MODIFICATION REQUEST
Vi
1. Requested by: Naida Osline MAR 2 6 2008
2. Date: March 26, 2008 City M Huntington Beach
city Attorneys Office
3. Name of contractor/permittee: McMurray Marketing Communications
4. Description of work to be performed: Provide public relations and marketing for 4t" of JUIV
Celebration
5. Value and length of contract: $15,000 / 6 months
6. Waiver/modification request: Waiver of Professional Liability Insurance
7. Reason for request and why it should be granted: Consultant reports directly to the 4t" of
July Board, who approves all work.
8. Identify the risks to the City in approving this waiver/modification: Unknown risk.
Der)aftment Head Si tore Date:
APPROVALS
Approvals must be obtained in the order listed on this form.
Two approvals are required
for a request to be granted. Approval from the City Adminis
or's Office only required if
Risk Management and the City Attorn ffice s .
1. Risjk Management
El
Approved Denied
-Signaturk
QZfe
2. City Attorney's Office
1 �
Approved [Ell Den i d
& �°
Signature
Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature
Date
If approved, the completed waiver/modification request
is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this form is to be filed with the Risk Management Division
of Administrative Services
waiver form.doc 3/26/2008 1:53:00 PM
2000 Main Street, Huntington Beach, CA 92648
Declaration of Non -Employer Status
In order to comply with the City Council Resolution No. 6277, you are required
to provide proof of Workers' Compensation Insurance. If you have no
employees, this form must be signed and returned to:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
certify that in the performance of the activity or work for which this permit is
issued, I shall not employ any person in any manner so as to become subject to
California Workers' Compensation Insurance requirements.
I authorize the City of Huntington Beach to immediately and retroactively
revoke the license or permit issued under this declaration if 1 hire any
employee(s) or become subject to the provision of the laws requiring Workers'
Compensation Insurance.
Applicant/Company Name:
Address:
Applicant's Signature:
Title:
Location Signed:
Date Signed:
_ ,� _ �• G. _ __, ,
Telephone Number: � �j — �Gj _ 53C'- C�_
0 3