HomeMy WebLinkAbout04482 - THE JONES AGENCY AIRPORT ADVERTISING Q
City of Palm Springs
Office of the City Clerk
(760) 323-8205
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C441FQRN M.EM.ORANDUM
Date: � �
To: _..
From: City Clerk
AGREEMENT # �
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Please let us know the status of the above
agreement, and if it may be closed.
STATUS: Qiot-ry
COMPLETED: --11
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REMAIN OPEN UNTIL:
Date &Initials
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Signature
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• The Jones Agency
Advertising Consulting
AGREEMENT #4482
/M signed 4-24-02
CITY OF PALM SPRINGS I
CONTRACT SERVICES AGREEMENT
for
Advertising Consulting Services
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered
into thisill-day of ;Zz,2, by and between the CITY OF PALM SPRINGS, a
municipal corporation (h ein "City") and The Jones Agency (herein "Contractor").
NOW, THEREFORE, the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all of the terms and conditions of this
Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services"
attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all
work and services set forth in the Scope of Services will be performed in a competent, professional
and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City
and any Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses Permits. Fees and Assessments. Contractor shall obtain at its sole
cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum
contract amount of twenty two thousand seven hundred fifty Dollars ($22,750.00 ) ("Contract
Sum").
2.2 Method of Payment. Provided that Contractor is not in default under the
terms of this Agreement, Contractor shall be paid as outlined in Exhibit "B" Schedule of
Compensation.
3.0 COORDINATION OF WORK
3.1 Representative of Contractor. Barbara Stenning is hereby designated as
being the principal and representative of Contractor authorized to act in its behalf with respect to
the work and services specified herein and make all decisions in connection therewith.
3.2 Contract Officer. Allen Smoot is hereby designated as being the
representative the City authorized to act in its behalf with respect to the work and services specified
herein and make all decisions in connection therewith("Contract Officer"). The City Manager of City
shall have the right to designate another Contract Officer by providing written notice to Contractor.
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3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of the City. Neither this Agreement nor any interest herein may
be assigned or transferred, voluntarily or by operation of law, without the prior written approval of
City. Any such prohibited assignment or transfer shall be void.
3.4 Independent Contractor. Neither the City nor any of its employees shall have
any control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth. Contractor shall perform all
services required herein as an independent contractor of City and shall remain under only such
obligations as are consistent with that role. Contractor shall not at any time or in any manner
represent that it, or any of its agents or employees, are agents or employees of City.
4.0 INSURANCE, INDEMNIFICATION AND BONDS
4.1 Insurance. The Contractor shall procure and maintain,at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general
liability insurance written on a per occurrence basis with a combined single limit of at least
$1,000,000 bodily injury and property damage including coverages for contractual liability,
personal injury, independent contractors, broad form .property damage, products and
completed operations. The Commercial General Liability Policy shall name the City of Palm
Springs as an additional insured in accordance with standard ISO additional insured
endorsement form CG2010(1185) or equivalent language.
(b) Worker's Compensation Insurance. A policy of worker's
compensation insurance in an amount which fully complies with the statutory requirements
of the State of California and which includes $1,000,000 employer's liability.
(c) Business Automobile Insurance. A policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the amount
of $1,000,000 bodily injury and property damage. Said policy shall include coverage for
owned, non-owned, leased and hired cars.
(d) Additional Insurance. Additional limits and coverages, which may
include professional liability insurance, will be specified in Exhibit A.
All of the above policies of insurance shall be primary insurance. (Reference Section 4.4
regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may have
against the City, its officers, employees and agents, and their respective insurers. In the event any
of said policies of insurance are canceled,the Contractor shall, priorto the cancellation date, submit
new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work
or services under this Agreement shall commence until the Contractor has provided the City with
Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above
insurance coverages and said Certificates of Insurance, endorsements, or binders are approved
by the City.
The contractor agrees that the provisions of this Section 4.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment of
damages to any persons or property resulting from the Contractor's activities or the activities of any
person or persons for which the Contractor is otherwise responsible.
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In the event the Contractor subcontracts any portion of the work in compliance with Section
3.3 of this Agreement the contract between the Contractor and such subcontractor shall require the
subcontractor to maintain the same polices of insurance that the Contractor is required to maintain
pursuant to this Section.
4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents
and employees against, and will hold and save them and each of them harmless from, any and all
actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors,
omissions or liabilities, (herein"claims or liabilities")that may be asserted or claimed by any person,
firm or entity arising out of or in connection with the negligent performance of the work, operations
or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein,
or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, whether or not there is concurrent passive or active negligence on the part of the City,
its officers, agents or employees but excluding such claims or liabilities arising from the sole
negligence or willful misconduct of the City, its officers, agents or employees, who are directly
responsible to the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with
any of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys'fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City,
its officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Contractor
hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers,agents or employees is made a party
to any action or proceeding filed or prosecuted against Contractorfor such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attomeys'fees.
4.3 Performance Bond. Concurrently with execution of this Agreement,
Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement,
in the form provided by the City, which secures the faithful performance of this Agreement, unless
such requirement is waived by the Contract Officer. The bond shall contain the original notarized
signature of an authorized officer of the surety and affixed thereto shall be a certified and current
copy of his power of attorney. The bond shall be unconditional and remain in force during the entire
term of the Agreement and shall be null and void only if the Contractor promptly and faithfully
performs all terms and conditions of this Agreement.
4.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this
Agreement shall be satisfactory only if issued by companies qualified to do business in California,
rated "A"or better in the most recent edition of Best's Key Rating Guide or in the Federal Register,
unless such requirements are waived by the City Manager or designee of the City Manager due to
unique circumstances. In the event the City Manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the
Contractor agrees that the minimum limits of the insurance policies and the performance bond
required by this Section 4 may be changed accordingly upon receipt of written notice from the City
Manager or designee; provided that the Contractor shall have the right to appeal a determination
of increased coverage by the City Manager to the City Council of City within ten (10) days of receipt
of notice from the City Manager.
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5.0 TERM
5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this
Agreement shall continue in full force until July 12, 2002.
5.2 Termination Prior to Expiration of Term. Either party may terminate this
Agreement at any time, with or without cause, upon thirty(30) days written notice to the other party.
Upon receipt of the notice of termination, the Contractor shall immediately cease all work or
services hereunder except as may be specifically approved by the Contract Officer. In the event
of termination by the City, Contractor shall be entitled to compensation for all services rendered
prior to the effectiveness of the notice of termination and for such additional services specifically
authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation
paid in excess of the services rendered.
6.0 MISCELLANEOUS
6.1 Covenant Against Discrimination. Contractor covenants that, by and for itself,
its heirs, executors, assigns and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race, color,
creed, religion,sex,marital status, national origin, or ancestry in the performance of this Agreement.
Contractor shall take affirmative action to ensure that applicants are employed and that employees
are treated during employment without regard to their race, color, creed, religion, sex, marital status,
national origin or ancestry.
6.2 Non-liability of City Officers and Employees. No officer or employee of the
City shall be personally liable to the Contractor, or any successor in interest, in the event of any
default or breach by the City or for any amount which may become due to the Contractor or to its
successor, or for breach of any obligation of the terms of this Agreement.
6.3 Conflict of Interest. No officer or employee of the City shall have any financial
interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to the Agreement which effects his financial interest or the financial interest of any
corporation, partnership or association in which he is, directly or indirectly interested, in violation of
any State statute or regulation. The Contractor warrants that it has not paid or given and will not
pay or give any third party any money or other consideration for obtaining this Agreement.
6.4 Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person shall
be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City,
to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O.
Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the
address designated on the execution page of this Agreement.
6.5 Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either party by
reason of the authorship of this Agreement or any other rule of construction which might otherwise
apply.
6.6 Integration; Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. This Agreement may be amended
at any time by the mutual consent of the parties by an instrument in writing.
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6.7 Severability. In the event that part of this Agreement shall be declared invalid
or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity
or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby
declared as severable and shall be interpreted to carry out the intent of the parties hereunder
unless the invalid provision is so material that its invalidity deprives either party of the basic benefit
of their bargain or renders this Agreement meaningless.
6.8 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.
A party's consent to or approval of any act by the other party requiring the party's consent or
approval shall not be deemed to waive or render unnecessary the other party's consent to or
approval of any subsequent act. Any waiver by either party of any default must be in writing and
shall not be a waiver of any other default concerning the same or any other provision of this
Agreement.
6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief which may be granted,
whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter
proceeds to judgment.
6.10 Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that(i) such party is duly organized and existing, (ii)they are duly authorized
to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) the entering into this
Agreement does not violate any provision of any other Agreement to which said party is bound.
(SIGNATURES ON NEXT PAGE)
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IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as
of the date first written above.
CITY OF PALM SPRINGS,
a municipal corporation
A
B By
ity Clerk City Manager 1
CONTRACTOR:
gi.
Corporations require two notarized Signatu (N arized)
signatures: one from each of the following:
A. Chairman of Board, President, or any Vice
.. ..
President; and B. Secretary, Assistantf✓ e�Ml
Secretary,Treasurer,Assistant Treasurer,or Print Name & Title
Chief Financial Officer
Signature 6tari/zed) r
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Print Name & title
Mailing Address
9 NCL MtTCHELL Ka I �✓ �n s t rd P
Commission 11330730 i
Notary Public•California
Riverside County `� "��' " A
My Cam.Expirus Nov 15,2005 A -�""� .. '"
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Agreement OVWunder$25,000
Reviewed and approved by
Procurement & Contracting
InitialsN Date Lice 0 1-
P.O.Number
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EXHIBIT"A"
SCOPE OF SERVICES
Scope of Work:
Task 1:
Contractor will act as advertising consultant to City, in which capacity Contractor will assist City in
the development and planning of an advertising strategy related to increasing community
awareness for the utilization of the Palm Springs International Airport by the traveling public located
within the Catchment area of PSP.
Task 2:
Contractor will assist City in enhancement of the Palm Springs International Airport's website
including, but not limited to, graphics, page design, content, web navigation, web links and overall
marketing campaign consistency.
Task 3:
Contractor will provide all services necessary and including, but not limited to, design, graphics,
content and print 7,500 sales brochures related to the strategy developed in Task 1.
For advertising copy approved by City for use in advertising efforts developed pursuant to this
agreement, the City warrants that it possesses substantiation for claims represented therein.
The requirements of Section 4.3 for a Performance Bond are hereby waived.
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EXHIBIT"B"
SCHEDULE OF COMPENSATION
For services rendered City will pay Contractor as follows:
Task 1 : The City will pay the Contractor a retainer in the amount of$3,000 per month for services
performed related to Task 1. Partial month retainer fees will be pro-rated.
Task 2 : The City will pay the Contractor an amount of $7,500 for all services necessary to
complete web site as described in scope of services.
Task 3: For all services necessary to design, production, graphics, and printing of the 7,500 sales
brochures the City will pay Contractor$5,750.00
Reimbursable Expenses: The City will pay Contractor for reimbursable expenses. Total
reimbursable expenses shall not exceed $500.00 during the term of this agreement.
Total Compensation: Total compensation for all services provided shall not exceed $22,750.00.
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of PALM Spy S City of Pain Springs
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OFFICE OF PROCUREMENT & CONTRACTING
Fo%% 01 MEMORANDUM
To: Office of City Clerk
From: Office of Procurement & Contracting
Subject: Jones Agency
Date: April 19, 2002
Attached are the following documents:
--,X— 4 sets of Contract documents executed by Contractor and notarized
N/A Performance Bonds
N/A Original Payment Bonds
N/A Confirmation of status of surety company
N/A Original Bid
N/A Copy of bid bond
N/A One copy of Specifications
Certificates of hisurance for the required polices
Confirmation of status of insurance carrier from the following companies: Zurich and
Republic Indemnity
N/A Copy of Extract of Public Works Contract Award
N/A Copy of Bid Result Check List
N/A Copy of Bid Abstract
DEL'D TO CLERK'S OFFICE BY DATE: TIME:
RECEIVED AND REVIEWED BY CLERK DATE: TIME: _
SIGNED AGREEMENTS RETURNED TO PROCUREMENT BY
DATE TIME:
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ER7IFIGAT OF INSURANCE 04130/02
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
HRH Ins Sery of So California ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
License Number 0684503 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
77.564 Country Club Dr. #401 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Palm Desert CA 92211 COMPANIES AFFORDING COVERAGE----
COMPANY -'
A Zurich U.S.
INSURED COMPANY 4�1 91
The Jones Agency B Clarendon Ins. % KRM MAY 9 ;%0��
Desert Publications Inc. etal
Box 2724 COMPANY .�
Palm Springs CA 922632724 C d,
COMPANY
D
COVERAGES
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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MM/OO/YY) DATE(MMIDDNY)
GENERAL LIABILITY BODILY INJURY OCC $ 2,000,000
A X COMPREHENSIVE FORM PPS 036174218 04/01/02 04/01/03 BODILY INJURY AGG $ 2,000,000
PREMISES/OPERATIONS PROPERTY DAMAGE OCC S 1,ODO,000
X UNDERGROUND PROPERTY DAMAGE AGG $ 1,000,000
EXPLOSION A COLLAPSE HAZARD
PRODUCTSICOMPLETED OPEN BI&PD COMBINED OCC $ 100,000
CONTRACTUAL - - BI&PD COMBINED AGG $ 10,OOD
INDEPENDENT CONTRACTORS PERSONAL INJURY AGG $
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
A AUTOMOBILE LIABILITY PPS 036174218 04/01/02 04/01/03 BODILY INJURY
X ANY AUTO (Per person) $
ALL OWNED AUTOS(Private Pass) BODILY INJURY
ALL OWNED AUTOS (Per accident) $
(Other than Pervata Passenoer)
HIRED AUTOS
PROPERTY DAMAGE $
NON-OWNED AUTOS
BODILY INJURY&
GARAGE LIABILITY
PROPERTY DAMAGE $ 1,000,000
COMBINED
A EXCESS LIABILITY PPS 036174218 04/01/02 04/01/03 EACH OCCURRENCE $ 1,000,000
X UMBRELLA FORM
AGGREGATE $ 1,000,000
OTHER THAN UMBRELLA FORM $
B WORKERS COMPENSATION AND BINDER 04/30/02 04/30/03 X STATUTORY LIMITS
EMPLOYERS'LIABILITY EACH ACCIDENT $ 1,000,000
THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT $ 1,000,000
PARTNERS/EXECUTIVE 1,000,000
OFFICERS ARE', X EXCL DISEASE-EACH EMPLOYEE $
OTHER - -- - — ---- - - -
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESSPECIAL ITEMS
Additional insured endorsement is attached
'CERTIFICATE:HOLDER 'r :,'r''.'.'. .'''r° ": CANCELLATION% . .
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
City of Palm Springs 30
3200 Tahquitz Canyon Way —DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION CH LIABILITY
Palm Springs CA 92262 OF ANY KIND PO THE COMPANY,ITS AGENTS OR REPUESENTATIVES.
AUTHORIZED RE ES ATIVE
I. Ann Willer
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April 18, 2002
Named insured: The Jones Agency, Desert Publications Inc.
Policy number/carrier; Zurich U.S. #PPS036174218
This endorsement changes the policy. Please read it carefully.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
(FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or
3 organization shown in the Schedule, but only with respect to liability arising out of your
consulting ser%4ces per Contract.
CG2010
PRIMARY
` Coverage provided by this policy to additional insureds shall be primary insurance but only as
respects any claim, loss or liability arising out of the operations of the ttamed insured, sub-
s subcontractors,materialmen or suppliers, and any insurance maintained by the additional
s insureds shall be non-contributing.
SCHEDULE
e NAME OF PERSON OR ORGtiNIZATION:
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SCity of Palm Springs
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CALIFORNIA
ALL-PURPOSEMl''`
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OFI ��lzSllJri )
On /4p � o�daoZ. before me, 1
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared, mlco
personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)
whose name(s)-*are subscribed to the within instrument and acknowledged to me that f@€she/
they executed the same in hisy*wr/their authorized capacity(ies), and that by �/their
signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,
executed the instrument.
WITNESS my hand and official seal.
NEL MITCHELL
Commission#1330730
Notary Public-County
RIWRIdsCOUlllr
(SEAL) 10mycomm. ie,z�os'
NOTARY PUBLIC SIGNATURE
.` OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT �?m 7—/ , " r �5 'wa-S AWE)?2, u7
DATE OF DOCUMENT /(— 7 — " NUMBER OF PAGES V
SIGNER(S)OTHER THAN NAMED ABOVE