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HomeMy WebLinkAboutBSN Sports LLC; 2017-02-08; PKRC600CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT SCOREBOARD INSTALLATION; CONT. NO. PKRC600 Tracking#: This agreement is made on the Sfb day of :::..;:;;f-14....-..,.,_._ ........ ...r..~:.,;..>-~·-..-----· 20j!J. by the City of Carlsbad, California, a municipal corporation, (hereinafter called "Cit '), a d BSN Sports, LLC whose principal place of business is 1180-A California Avenue, Corona, CA 81 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. WARRENTY. Contractor warranties all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Kyle Lancaster (City Project Manager) WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. SCOREBOARD INSTALLATION; CONT. NO. PKRC600 Page 1 of 8 City Attorney Approved 9/27/2016 Tracking#: Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or ubc l'ffractor from participating in contract bidding. Signature: Print Name: I e e~ool.,) a YJ ' REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ........ $1 ,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1,000,000 Property damage insurance in an amount of not less than ........ $1 ,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance SCOREBOARD INSTALLATION; CONT. NO. PKRC600 Page 2 of 8 City Attorney Approved 9/27/2016 Tracking#: of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within 15 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 45 working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. BSN Sports, LLC (name of Contractor) 1014517 (Contractor's license number) C-61/D-34, 5/31/2018 (license class. and exp. date) 100004433 (DIR registration number) 6/30/2017 (DIR registration exp. date) II II II II II II SCOREBOARD INSTALLATION; CONT. NO. PKRC600 1180-A California Avenue (street address) Corona, CA 92881 (city/state/zip) 951-371-1844 (telephone no.) (fax no.) ldonovan@bsnsports.com (e-mail address) Page 3 of 8 City Attorney Approved 9/27/2016 Tracking#: AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By~ (sign here) jG'fVCVJ{t' m. fubd/a., Rrrs!der{ (print name/title) (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Assistant City a puty City Manager or Department Director as authorized by the City Manager City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!f._g_ ccmoration, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY:~ ..t;p~t City Attorney SCOREBOARD INSTALLATION; CONT. NO. PKRC600 Page 4 of 8 City Attorney Approved 9/27/2016 STATE OF TEXAS COUNTY OF Dallas This instrument was acknowledged before me on January 24, 2017 by Terrence M. Babilla, President, COO and General Counsel ofBSN SPORTS, LLC a Delaware limited !!Yf!Y· on behalf of said corporatliio~n~·~~~~~~~~~~~ ~ ~~~~xf.ff?,._ VICTORIA A. HORNE Notary Public ~!'{*;~~Notary Public, State of Texas ~~~ ..... ·~ Comm. Expires 11-13-2020 "''11Rri~,, Notary 10 126545354 Victoria A. Home My Commission Expires: November 13, 2020 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 'k< \ \J~\ ~ ) On~.2,~.~bl7 beforem~ C.\k~~'/ ~.(!_, Date 1 Here lnsertNE;mea;: Title of the Officer personally appeared ~ ':50t-....JOV&W Namej;i( of Signer(!if t---b ~ who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/qr€l subscribed to the within instrument and acknowledged to me that he/~/t~ executed the same in his/~/th.eif authorized capacity(i9S'), and that by his/bef/th€ir signature(s) on the instrument the person(~. or the entity upon behalf of which the person(g) acted, executed the instrument. Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ------------------------------OPTIONAL------------------------------ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doxtmtru._cz... ~C!.....- Title or Type of Document: <:~~~Document Date: L-c27-l:7 Number of Pages: '6 Signer(s) Other Than Named Above: ~~ ,C2, M. ~~~ Capacity(i.PS) Claimed by Signer(S) oJ, Signer's ~ame: l ~ :r:r.>~ ~ D Corporate Officer -Title(s): ______ _ [l Partner -D Limited D General D Individual D Attorney in Fact 0 Trustee D Guardian or Conservator D Trustee D Other: ~2\~ ~Yo Other:~-------""'"~--- Signer Is Representing: ~ .f:£b~,\ll.Signer. Representing: ----------"""-- • ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Tracking#: EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration License No., %of be Subcontracted No. Classification & Total Expiration Date Contract ___ .. -~ --------------~ ~~ ~ Total% Subcontracted: The Contractor must perform no less than fifty percent (50%) of the work with its own forces. SCOREBOARD INSTALLATION; CONT. NO. PKRC600 Page 5 of 8 City Attorney Approved 9/27/2016 Tracking#: EXHIBIT B SCOPE OF SERVICES BSN Sports, LLC will install five electronic scoreboards at Poinsettia, Aviara, and Calavera Hills Community Parks. Poinsettia Community Park • Remove and dispose of three existing scoreboards • Install two new wireless 4' X 9' baseball scoreboards • Add one 5'6" X 14' wireless scoreboard on existing 1-Beams Aviara Community Park • Install two new unpainted 1-Beams in a location designated by the City • Install one new wireless 4' X 9' baseball scoreboard on new 1-Beams • Make final hookups into scoreboards Calavera Hills Community Park • Remove and dispose of two existing I-Beams and scoreboards • Install two new unpainted 1-Beams in a location near existing 1-Beams • Install one new wireless 4' X 9' scoreboard on existing 1-Beams Exclusions • Scoreboards and associated manufacturer warranties • Repairs to underground utilities if damaged during excavating • Removal of excess dirt • Tree trimming • All electrical to scoreboards ./ Electrician to be on site for installation at Poinsettia and Aviara Community Parks • Fence removal and replacement ./ Access for installation will be on the ballfield side at all parks • DSA, drawings, permits or engineering ITEM UNIT QTY NO. 1 Installation 2 $750 4 Four (4) 1-Beams 3 Sales Tax 4 Freight SCOREBOARD INSTALLATION; CONT. NO. PKRC600 DESCRIPTION Page 6 of 8 PRICE $24,950.00 $3,000.00 $240.00 $795.00 TOTAL $28,985.00 City Attorney Approved 9/27/2016 Bond No. 2220073 Tracking#: EXHIBITC LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, Slate of California, has awarded to BSN Sports, LLC (hereinafter designated as the "Principal"), a Contract for: SCOREBOARD INSTALLATION CONTRACT NO. PKRC600 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are Incorporated herein by this reference. WHEREAS, Principal has executed or Is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail til pay for any materials, provisions, provender or other supplies or teams used In, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, BSN Sports, LLC, as Principal, (hereinafter designated as the "Contractor"), and North American Specialty Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in lhe sum of twenty-eight thousand nine hundred eighty-five dollars ($28,985.00), said sum being an amount equal to: One hundred percent (1 00%) of the total amount payable under the terms of the Contract by the City of Car1sbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that tf the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used In, upon, for, or about the performance of the work contracted to be done, or for any other wor1< or labor thereon of any kind, consistent with Califomla Civil Code section 9100, or for amounts due under the Unemployment Insurance Coda with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, In case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall Inure to the benefit of any of the persons named in Califomla Civil Code section 9100, so as to give a right of action to those persons or their assigns In any suit brought upon the bond. Surety stipulates and agrees that no change, extension of tlme, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addiUon to the terms of the contract or to the work or to the specifications. SCOREBOARD INSTALLATION; CONT. NO. PKRC600 Page 7 of8 City Attorney Approved 912712016 Tracking#: In the event that Contractor is an individual, It is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this _._) 1..(_-\.-h __ _ day of St;:c ero\:::R.c • 20ll..a_. CONTRACTOR: ~N, ~ Ll.(_. Executed by SURETY this _...:1~4~th.:__ __ day of -~D:.lo<e~celi<JmL.!.!.Io!b.¥eL-r ______ ,, 20_12. . SURETY: North American Specialty Insurance Company (name of Surety) 475 North Martingale Rd., Ste. 850, Schaumburg, IL 60173 (address of Surety) By; ~( me o~fCon or) (sign here) l 847-273-1210 -----r:fY \ft1}Cf yY), J3:,}a/· / Q\ (telephone number of Surety) -~rint naifi'tiiere) , ~-erlf.:g;-fl)~f?JerS~ L~c_ By: c;~~-t~/.~· /)}_ f"Mu£'6 '· ( Jlitli'and organizallon of signatory) (signature of Attorney-In-Fact) .') .. eyt·£';!.7!. i .. r1 1 1t \ , --Catherine M. Krueger, Attorney-In-Fact (sign here) (printed name of Attorney-In-Fact) {print name here) ~:'\. ~C.{~!fl.A.~ (title and organization of slgfl}itory) (attach corporate resolution showing current power of attorney) (P;oj)er notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. if only one IJtficer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporallon.) APPROVED AS TO FORM: CELIA A. BREWER City Attorn~__. By:~ Deputy City Attorney SCOREBOARD INSTALLATION; CONT. NO. PKRC600 Page B of 6 City Attorney Approved 9/27/2016 NAS SURETY GROUP NORTH AMERJCAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE CO:t'v1P ANY WESTPORT INSlTRANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. THAT North American Specialty Insurance Company. a corporation duly organized and existing under laws of the State ofNew Hampshire, and having its principal office in the City of Manchester, New Hampshire and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Han1pshire and having its principal office in the City of Schaumburg. Illinois, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Overland Park. Kansas each does hereby make, constitute and appoint: DENNlS G. JOHNSON, PAuL E. JOHNSON, JAMES:\'. LORTIE, CATIIERI!'\E 1>1. KRUEGER and HOLLY R. CARVER JO!NTL Y OR SEVERALLY Its true and lawful Attorney(s)-in-Fact. to make. execute, seal and deliver. tor and on its behalf and as its act and deed. bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety. on contracts of suretyship as are or may be required or permitted by law. regulation. contract or otherwise. provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount ot: ONE H1J!','DRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors ofl\orth American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President. any Vice President. any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attomey qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attomey and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power ofAttomey or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached.'' BY ~-Stc~·cn P. Anderson, Semor \ 1ce P1·es•dent oi \\ a~hmgron International Insurance Compan) & Senior Vice President of I':orth American Specialt)' Insurance Company & Senior Vice President of"Westport Insurance Corporation By ~lfi Mike A.-;17to-, s"'c-cm;c. o"'r v"''i7c."'P"'n:--:sc-.;d:--en"'t.i.of"'\\-f:a"'s"h;-ng.Lto-n-;l,-nt"'em=at"';o"'nac;l-;-ln-,su_ra_n-c7e -;;C,-on,-tpany & Senior Yice President of North American Spednlty Insurance Company & Senior \'ire President of Westport Insurance Corporation IN WITNESS WHEREOF. North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed. and these presents to be signed by their authorized officers this this 9th day of October . 20_I5_. State of Illinois County of Cook On this 9th day of ss: North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation October , 20....,!2, betore me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washingtonintemational Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally knovm to me. who being by me duly S\\ orn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. l'V'""'""""..,...""'""""'""'~"""""'l OFFICIAL SEAL M KENNY NOTARY PUBUC, STATE OF IlliNOIS MY COMMISSION EXPIRES 12104/2017 ·..._ .. ~ \ ' M. Kenny. Notary Public I, Je!Trey Goldberg the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westpo1t Insurance Corporation do hereby certifY that the above and foregoing is a true and correct copy of a Power of Attorney given by said ~orth American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and et1ect. IN WITNESS WHEREOF, I haYe set my hand and affixed the seals of the Companies this 14th day of December . 20~_ J~ffrey Goldberg, V ICC Pres1dent & Assistant Secretary of Washington lntemationallnsurance Company & North American Spec1alty Insurance Company & Vice PreSJ.dent & Assistant Secretary of Westport Insurance CorporatiOn STATE OF OHIO COUNTY OF LUCAS ) )ss. ) On this 14th day of December, 2016, before me personally appeared Catherine M. Krueger, to me personally known who being by me sworn, did say that she is the Attorney-in-fact of North American Specialty Insurance Company, said Corporation being named in and which executed the within instrument, and that the seal affixed to said instrument is the corporate seal of said Corporation, and that said instrument was signed and sealed on behalf and by authority of said Corporation and that said Catherine M. Krueger acknowledges said instrument to be the free act and deed of the Corporation. ':VY) a~ d · 6\~ju Notary Public,~ Lucas County, Ohio My Commission Expires:S I \.j / Q 0 '3 0 STATE OF TEXAS COUNTY 0 F Dallas This instrument was acknowledged before me on January 24, 2017 by Terrence M. Babilla, President, COO and General Counsel of BSN SPORTS, LLC a Delaware limited liabi t co pany, on behalf of said corporation. Victoria A. Horne ,s-~~;~f.~i,, VICTORIA A. HORNE ~f(*i~~ Notary Publi~, State of Texas ~~~... ..;;r::: Comm. Exp~res 11-13·2020 ~'· ····~~'* ;,, ,jft"'''" Nota~y 10 126546354 My Commission Expires: November 13,2020 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ~\:J~<'£:>E.-) On ,j FtlJ ~ !lC \"(before m~FQ;a < L.Llta.J ~ ~(/eL~ Date Here Insert Name and Title of the Officer personally appeared L.~ ~J:&-0 Name(s) of Signer(s) ~~ t-b ~ who proved to me on the basis of satisfactory evidence to be the person~) whose name~ is/~e subscribed to the within instrument and acknowledged to me that he/~/t~ executed the same in his/her/their authorized capacity(~. and that by his/~/tR€ir signature~ on the instrument the person(~. or the entity upon behalf of which the person(}lf acted, executed the instrument. DARRELL VALEN Commission# 2021656 Notary Public -California ! .. Riverside County Comm. Expires May 20. 2017 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ------------------------------opnoNAL-------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ := Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 'J Partner -CJ Limited n General 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: ______________ _ 0 Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907