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HomeMy WebLinkAbout2017-10-18; Carlsbad Tourism Business Improvement District; ; Adopt Resolution approving contract for CTBID staff supportAB# MTG. CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT AGENDA BILL 10-17-153 CTBID STAFF 10-18-17 Adopt Resolution approving contract GENERAL for CTBID staff support COUNSEL RECOMMENDED ACTION: (l~ Adopt Resolution 2017-8 authorizing Chairperson to enter into an agreement for professional services with Cheryl Gerhardt, CPA. ITEM EXPLANATION: Since the inception of the Carlsbad Tourism Business Improvement District (CTBID), the City of Carlsbad has provided staff support for the CTBID. This includes the coordination of the Board meetings, preparation of the annual report, meeting agendas, management of CTBID contracts, monthly financial updates, and various other duties as requested by the CTBID board. The City of Carlsbad charged the CTBID budget for the time spent by City staff on staff support to the CTBID. For the most part, that staff support has been provided by city employee Cheryl Gerhardt. Due to Public Employee Retirement System (PERS) rules, it is necessary to change the way Cheryl Gerhardt is being paid. Based on discussions with the City of Carlsbad's Finance Department, it is recommended that effective January 1, 2018, Mrs. Gerhardt be paid as an independent contractor of the CTBID instead of the CTBID reimbursing the City for her payroll expense related to staff support to the CTBID. The duties performed and the cost to provide those services would not change, just the method by which she is paid. The CTBID Board is asked to adopt the attached resolution authorizing the Chairperson to enter into an agreement for professional services with Cheryl Gerhardt, CPA. FISCAL IMPACT: The estimated cost to provide staff support services to the CTBID is $24,000 per year. The CTBID 2017-18 budget has $24,000 budgeted for staff support and the CTBID has a $572,000 available fund balance . ENVIRONMENTAL IMPACT: This action does not approve any projects that will have a physical adverse affect on the environment so it falls within the general rule under CEQA that this is not a project (CEQA Regulation 15738 (b)). EXHIBITS: 1. Resolution 2017-8 authorizing Chairperson to enter into an agreement for professional services with Cheryl Gerhardt, CPA. A. Professional Services Agreement between the CTBID and Cheryl Gerhardt, CPA for staff support services. DEPARTMENT CONTACT: Cheryl Gerhardt, 760-602-2425, cheryl.gerhardt@carlsbadca.gov 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2017-8 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT, AUTHORIZING THE CHAIRPERSON TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH CHERYL GERHARDT, CPA EXHIBIT 1 WHEREAS, the City Council of the City of Carlsbad adopted ordinance No. NS-778 enacting Chapter 3.37 if the Carlsbad Municipal Code on November 15, 2005 thereby creating the Carlsbad Tourism Business Improvement District (CTBID); and WHEREAS, the primary purpose of the CTBID is to promote tourism and provide services to visitors to the City of Carlsbad: and WHEREAS, the City of Carlsbad has authorized the Board of Directors of the CTBID to conduct the business of the CTBID in the time, place and manner that best suits the needs of the Board of Directors of the CTBID, subject to the control of the federal, state and local laws governing the activities of a Business Improvement District; and WHEREAS, the City Council has provided the Board of Directors with the ability to contract for services necessary to carry out the purpose of the CTBID; and WHEREAS, Mrs. Cheryl Gerhardt, by virtue of her extensive experience with the CTBID, her financial background, and long tenure with the City of Carlsbad, is uniquely qualified to provide staff support and other consulting services to the CTBID; and WHEREAS, it is estimated that the cost to provide this staff support will average $2,000 per month not to exceed $24,000 annually; and WHEREAS, Cheryl Gerhardt, CPA will invoice the CTBID monthly for hours worked at the established rate of $75 per hour not to exceed an average of 27 hours per month. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Carlsbad Tourism Business Improvement District, as follows: 1. That the above recitations are true and correct. 2. That subject to review and approval of the CTBID General Counsel, the Chairperson is hereby authorized to execute the attached agreement, Exhibit A, between the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CTBID and Cheryl Gerhardt, CPA to provide professional services related to staff support. 3. That staff is authorized to pay Cheryl Gerhardt, CPA' s invoices in an amount not to exceed $24,000 annually. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Board of Directors of the Carlsbad Tourism Business Improvement District on the ~day of __ o_c_t_o_b_e_r ____ 2017, by the following vote to wit: AYES: Stripe, Sims, Sarnietz, Malispina, Canepa, Indris NOES: n/a ABSENT: n/a U A'A'EST: /J . tL-w:lcCv-n-K n/4_17(t. AA. ef-z;-,_ BARBARA ENGLESON '(; Pro Tern Clerk of the Carlsbad Tourism Business Improvement District -2- EXHIBIT A AGREEMENT BETWEEN CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT AND CHERYL GERHARDT, CPA FOR STAFF SUPPORT SERVICES GREEM ENT is made and entered into as of the cz< L./ f:fJ day of ~-:::::r--"=-"'-"---',..,i....,..:...=..=---' 2017, by and between the CARLSBAD TOURISM BUSINESS IM OVEMENT DISTRICT, ("CTBID"), and Cheryl Gerhardt doing business as Cheryl Gerhardt, CPA, with its principal place of business as 1023 Turnstone Road Carlsbad, CA 92011, ("Contractor"). RECITALS A. CTBID requires the professional services of a contractor that is experienced in providing support to the CTBID Board. B. Contractor has the necessary experience in providing professional services and advice related to staff support to the CTBID. C. Contractor has submitted a proposal to CTBID and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CTBID and Contractor agree as follows: 1. SCOPE OF WORK CTBID retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one (1) year from the date January 1, 2018 through December 31, 2018. The CTBID Board Chair may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CTBID needs, and appropriation of funds by the CTBID. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed twenty-four thousand dollars ($24,000). Cheryl Gerhardt, CPA's hourly fee shall be $75 per hour and the average number of hours worked shall average 27 hours per month. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the CTBID elects to extend the Agreement, the amount shall not exceed twenty-four thousand dollars ($24,000) per Agreement year or 2% of estimated revenues whichever is greater. City Attorney Approved Version 9/27/17 EXHIBIT A Cheryl Gerhardt, CPA will invoice the CTBID monthly. Each invoice shall detail the number of hours worked rounded to the nearest half-hour. The CTBID reserves the right to withhold a ten percent (10%) retention until CTBID has accepted the work and/or Services specified in Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of CTBID. Contractor will be under control of CTBID only as to the result to be accomplished, but will consult with CTBID as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CTBID for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CTBID will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CTBID will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify CTBID within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CTBID may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the CTBID's election, CTBID may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CTBID. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CTBID for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and CTBID. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by CTBID. 8. OTHER CONTRACTORS The CTBID reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the CTBID and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense CTBID incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may City Attorney Approved Version 9/27/17 2 EXHIBIT A arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VI I"; 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. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the CTBID as an additional insured. 10.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 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. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The CTBID will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the CTBID. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written nottce to CTBID sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to CTBID's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CTBID. City Attorney Approved Version 9/27/17 3 EXHIBIT A 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CTBID will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by CTBID to obtain or maintain insurance and CTBID may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. CTBID reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of CTBID during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CTBID. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to CTBID. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CTBID and Contractor relinquishes all claims to the copyrights in favor of CTBID. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of CTBID and on behalf of Contractor under this Agreement. For CTBID Name Tim Stripe Title CTBID Board Chair Address 5900 Pasteur Ct Carlsbad, CA 92008 Phone No. 760-431-8500 For Contractor Name Cheryl Gerhardt Title Owner Address 1023 Turnstone Rd Carlsbad, CA 92011 Phone No. 760-277-5203 Email Cheryl.gerhardt@gmail.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 9/27/17 4 EXHIBIT A 16. CONFLICT OF INTEREST CTBID will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and CTBID's Conflict of Interest Code is required by Cheryl Gerhardt, CPA. Should it be determined that disclosure if required, Contractor shall file a Conflict of Interest Statement with the CTBID Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or CTBID will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the CTBID Board Chair. The CTBID Board Chair will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the CTBID Board Chair will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CTBID may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CTBID decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CTBID may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by CTBID and all work in progress to CTBID address contained in this Agreement. CTBID will make a determination of fact based upon the work product delivered to CTBID and of the percentage of work that Contractor has performed which is usable and of worth to CTBID in having the Agreement completed. Based upon that finding CTBID will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of CTBID, Contractor will assemble the work product City Attorney Approved Version 9/27/17 5 EXHIBIT A and put it in order for proper filing and closing and deliver it to CTBID. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. CTBID will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, CTBID will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to CTBID must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to CTBID, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, 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 information. If CTBID seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for CTBID to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CTBID and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 9/27/17 6 EXHIBIT A 26. 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 CTBID Carlsbad California By: Board Chair ATTEST: \)WWJeu¼/(1J1 Jfir-~~J-m_ BARBARA ENGLESON City Clerk If required by CTBID, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, 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_/[fu_J _h----+---- Assistant City Attorney City Attorney Approved Version 9/27/17 7 EXHIBIT A EXHIBIT "A" SCOPE OF SERVICES The following is a list of duties Contractor will perform for the CTBID: • Schedule and attend CTBID Board meetings • Prepare agenda packets for Board meetings, distribute and post • Coordinate the minutes for the Board meetings • Coordinate with City Clerk on Board appointments/reappointments • Manage Visit Carlsbad contract and process monthly payments • Prepare monthly financial update report for the CTBID • Prepare and manage CTBID contracts • Brief CTBID Board members on agenda items • Manage CTBID Grants program • Accept and review grant applications • Coordinate review of grant applications by Visit Carlsbad Board • Prepare grant funding recommendation for CTBID Board • Prepare grant contracts • Process grant payments • Service as point of contact for grant recipients • Develop and monitor annual CTBID budget • Prepare Annual Report and present to CTBID Board and City Council • Meet with Visit Carlsbad Executive Director as necessary • Serve as liaison between the City of Carlsbad and CTBID Board • Serve as liaison between the CTBID Board and Visit Carlsbad Board • Update CTBID web page as necessary with agendas, minutes, financial updates and various reports • Perform other tasks as requested by the CTBID Board City Attorney Approved Version 9/27/17 8 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 5ax, D1 <?C)C ) On Cc trtx:, [\,Q /2-Dlt before me, bt' i rll,\c+ [):'6V)fl[( r(\ 1 C) 1 t,', OT(U :.{ H\ bl IC~ Date Here Insert Name and Title of the Officer · ___) personally appeared ____ (_' ,\~n=e~r_._1--'-lj--l-i _(:~/e,_· _r_V~"0v~rc1~-'-{,___ ________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. _ Notary Public · California a BRIDGET DESMARAIS WITNESS my hand and official seal. 1 San Diego County i z Commission ti 2171422 .. J. 0 0 0 O ,Ml goTT· ;,:ir:s.o:cz-1ci2&1 Place Notary Seal Above ----------------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. 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