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HomeMy WebLinkAbout2001-06-26; City Council; 16243; Netswork, Inc. Contract\B# rkdq3 IITG. b-L&-o I IEPT. IT CITY OF CARLSBAD -AGENDA BILL TITLE: AMENDMENT TO AN DEPT HD. xl AGREEMENT WITH NETSWORK, INC FOR TECHNOLOGY INTEGRATION SERVICES CITY ATTY. iizF CITY MGR?d3 L/ RECOMMENDED ACTION: Adopt Resolution No. am 1 - 1 &approving Amendment No. 1 to the agreement with NetsWork, Inc. for technology integration services. ITEM EXPLANATION: On April 18, 2000, the City entered into an agreement with Netswork, Inc. to provide technology integration and consulting services. This original agreement has provisions for contract extension by the City Manager for three (3) additional one (1) year periods or parts thereof based upon review of satisfactory performance and the City’s needs. Netswork, Inc has provided several network technology integration services successfully in the past, including the rollout of Zenworks and Microsoft Office 2000 to all City staff desktops, and the resolution of a complex network directory problem. This successful and existing business partnership with Netswork, Inc. could be leveraged to further augment the City’s Information Technology Department’s occasional need for specific technology integration skills. Due to the on-going demand on the Information Technology Department staff to provide better and more reliable technology offerings, the need to have a technology integration services agreement is critical. To this end, the advanced technical support and technology services provided by Netswork Inc. will go far in assisting the Information Technology Department in providing sound technology services and support to the City staff and residents we serve. FISCAL IMPACT: This amendment will increase the spending limit of the agreement from $25,000 per contract calendar year, to $75,000 per contract year. Funds necessary to cover these expenses are available in the Information Technology’s 2000-2001 budget. EXHIBITS: 1. Resolution No. aal-is-b approving Amendment No. 1 to an agreement with Netswork, Inc. for technology integration services. 2. Amendment No. 1 to the Agreement Ibr technology integration services with Netswork, Inc. 3. Agreement with Netswork, Inc. for technology integration services dated April 18, 2000. RESOLUTION NO. 2ool-186 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AENDMENT NO. 1 TO THE AGREEMENT WITH NETSWORK, INC FOR TECHNOLOGY INTEGRATION SERVICES. WHEREAS, the Information Technology Department requires design, installation, configuration and testing services from a vendor providing technology integration services; and WHEREAS, Netsworks, Inc. is a technology integration services vendor with a proven track record at the Cityof Carlsbad; and WHEREAS, the initial agreement, dated April 8, 2001 with Netswork, Inc. identified a scope of work to provide City of Carlsbad Information Technology staff with technology integration services and related technical products in an amount not to exceed $25,000 for a one year period; and WHEREAS, the past history with Netswork, Inc. has been professional and technically beneficial for the City staff; and WHEREAS, the Information Technology Department desires to continue the agreement with Netswork, Inc.; and WHEREAS, there is a need to increase the amount of the agreement to an amount not to exceed $75,000 per contract year; and WHEREAS, sufficient funds are available in the Information Technology Department budget. I I I //I I I I ill 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 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct 2. That the Mayor is hereby authorized to execute Amendment No. 1 to the agreement between the City of Carlsbad and Netswork, Inc. for technology integration services, a copy of which is attached as Exhibit A. 3. That the fees and compensation for said services shall not exceed $75,000 per contract year and shall be as described in the contract between the City of Carlsbad and Netswork, Inc. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the -day of June , 2001, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, and H NOES: None. ABSENT: None - ATTEST: ,, (SEAL) This Amendment is entered into and effective as of the gsLr# day of Jh4 , 2001, amending the agreement dated April 18, 2000 by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as “City”, and Netswork, Inc., hereinafter referred to as, “Contractor”. RECITALS WHEREAS, the initial agreement, dated April 18, 2000 allows the Contractor to provide the City with network integration services, in an amount not to exceed $25,000 per contract year, for the City wide network as deemed necessary by the Information Technology Department; and WHEREAS, the City requires the services of a technology integration Contractor to provide additional network integration services for the implementation of Novell ZENworks for Desktops 3 application; and WHEREAS, the scope of work to implement the Novell ZENworks application developed by the Contractor, which includes design, installation, configuration and testing of the ZENworks for Desktops 3 application; and WHEREAS, implementation of ZENworks for Desktops 3 in conjunction with other network integration services will exceed the annual amount to be paid for services per contract year ($25,000); and WHEREAS, the parties to this aforementioned agreement desire to increase the dollar amount for Professional Services rendered per contract calendar year to $75,000; to cover the costs of the Implementation of the ZENworks for Desktops 3 application as well as ongoing technology integration services; and NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor hereby agree as follows: 1. City shall pay Contractor for all work associated with the implementation of the ZENworks for Desktops 3 application, in addition to the ongoing technology integration services. This increases the original agreement amount from not-to-exceed $25,000 to not-to-exceed $75,000. Contractor shall provide City on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 2. All other provisions of the aforementioned agreement entered into on April 18, 2000, by and between City and Contractor shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor shall include coverage for the amended assignment and scope of work. Acknowledged and Accepted: CONTRACTOR: CITY OF q NetsWork, Inc. (name of Co&cto& A -. I Javi\. Fischer. EMutive V.P. Robin K. Duvsen, Assistant Secretary (print name/title) c A/ (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. 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.) Deputg City Attorney 2/2l98 State of California cILhi!?d&fl County of On personally appeared N&I&(S) of~igner(s) t q personally known to me H proved to me on the basis of satisfactory evidence to be the person@) whose name0 is/m Place Notary Seal Above subscribed to the within instrument and acknowledged to me that he/s&&bey executed the same in his/her/Mr authorized capacity&@, and that by his/her/their signature@+ on the instrument the person@+, or the entity upon behalf of which the person@+ acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another 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 Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here Q 1999 Nat~mal Notary Asscdatbn * 93.50 De Sdo Ave.. PO. Box 2402. Chatsworth. CA 91X3-2402 - www.nalionalnotaryov~ Prod. No. 5907 Reorder. Call TolbFrse 1-800-8766827 State of California ah2d0 County of > ss. On &&- 6, 900 1 , before me, fl&rl&%% r*fl> &!-/lu; Date me and Tltla of Officer (e.g.. “Jan&&, Notary Publi personally appeared \h A. r .p&q- Name(s) of Stgner(s) l$~~;all y known to me proved to me on the basis of satisfactory - a ccJmmwm#1232508 1 -sr 1 to be the person&+ whose name@ isI= subscribed to the within instrument and acknowledged to me that he/s+e/#ey executed the same in his/he&b& authorized capacity+ee), and that by hislk&tMir signature@j on the instrument the person@), or the entity upon behalf of which the person@ acted, executed the instrument. Place Notary Seal Above Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulenf removal and reattachment of this form to another 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 Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee q Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here 0 1999 National Notary Association - 9X50 De Solo Ave., I?0 Box 2402 - Chatsworth, CA 91313-2402 * www.naticm!~.org Prod. No. 5.907 Reordar: Call Toll-Free 1-800-8766827 Exhibit 3 AGREEMENT THIS AGREEMENT is made and entered into as of the \fl,y day of I 2OoC,, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and Netswork, Inc, a Delaware corporation, hereinafter referred to as “Contractor.” RECITALS City requires the services of a technology integration Contractor to provide network integration services for the City Wide network as deemed necessary by the Information Systems staff; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR’S OBLIGATIONS The Contractor may assist information Systems staff in various services as they apply to Carlsbad’s City Wide network. This assistance may include recommendation, design, installation and testing of new products as well as enhancements to existing configurations. Each engagement shall be authorized in writing outlining the services to be performed, the rate to be charged, and any special circumstances. Documentation shall be provided to the City for network services where documentation is deemed necessary. rev. 12/28/99 -1 - 2. CITY OBLIGATIONS The City shall provide to the contractor; access to City computer networks and facilities as required for the network services; a safe work environment for the Contractor’s personnel and access to on-site computers for use by the Contractor when necessary. 3. PROGRESS AND COMPLETION The work under this contract will begin within ten (10) days after receipt of notification to proceed by the City and be completed by a mutually agreed upon date for each specific project. Extensions of time may be granted if requested by the Contractor and agreed to in writing by the City. The Information Systems Department will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of the Contractor, or delays caused by City inaction or other agencies’ lack of timely action. 4. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be performed shall not exceed $25,000 during the contract year. Services provided shall be billed at hourly rates commensurate with skill level used to accomplish the task (see Exhibit “A” for established rates). No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 8, “Changes in Work.” The City reserves the right to withhold a ten percent (10%) retention until the project has been accepted by the City. 5. DURATION OF CONTRACT rev. 12/28/99, -2 - This agreement shall extend for a period of one (1) year from date thereof. The contract may be extended by the City Manager for three (3) additional one (1) year periods or parts thereof, based upon a review of satisfactory performance and the City’s needs. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. 6. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. 7. FINAL SUBMISSIONS Within 14 days of completion and approval of the specified project the Contractor shall deliver to the City the following items: A. Any deliverables specified for the project to be complete. 6. Any City property used by the Contractor during the project, including but not limited to hardware, software and documentation. a. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by the City and approved by the City according to the procedures described in Carlsbad rev. 12/28/99 -3 - Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the 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, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, amount of such fee, commission, percentage, brokerage 10. NONDISCRIMINATION CLAUSE The Contractor shall comply with the state nondiscrimination. 11. TERMINATION OF CONTRACT or otherwise recover, the full fees, gift, or contingent fee. and federal laws regarding In the event of the Contractor’s failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The Contractor, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the City’s Information Systems Department. The City’s Information Systems Department shall make a determination of fact based upon the documents delivered to City of the percentage of work which the rev. 12/28/99 -4 - Contractor has performed which is usable and of worth to the City in having the contract completed. Based upon that finding as reported to the City Manager, the Manager shall determine the final payment of the contract. This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 12. CLAIMS AND LAWSUITS The Contractor 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. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The 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 information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of rev. 12/28/99 -5 - a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five years. The Contractor acknowledges debarment by another jurisdiction is grounds for the City of Carlsbad t y the Contractor from the selection process. (Initial) 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 incorpor n by reference. 13. JURISDICTION (Initial) 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. 14. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor’s own way as an independent Contractor and in pursuit of Contractor’s independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Contractor is an independent Contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City rev. 12/28/99 -6 - shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 15. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all drawings and specifications to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. The City will provide copies of the approved plans to any other agencies. 16. OWNERSHIP OF DOCUMENTS All plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made be executed or not. In the event this contract is terminated, all documents, plans, rev. 12/28/99 ’ -7 - specifications, drawings, reports, and studies shall be delivered forthwith to the City. Contractor shall have the right to make one (1) copy of the plans for its records. 17. REPRODUCTION RIGHTS The Contractor agrees that all copyrights which arise from creation of the work pursuant to this contract shall be vested in City and hereby agrees to relinquish all claims to such copyrights in favor of City. ia. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad 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 willful misconduct, or negligent act, or omission 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. 19. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 20. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City 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 contract shall create any contractual relationship between any subcontractor of Contractor and the rev. 12/28/99 -8 - City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 21. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 22. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 23. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 24. EFFECTIVE DATE rev. 12/28/99 -9 - This agreement shall be effective on and from the day and year first written above. 25. CONFLICT OF INTEREST The City has determined, using the guidelines of the Political Reform Act and the City’s conflict of interest code, that the Contractor will not be required to file a conflict of interest statement as a requirement of this agreement. However, Contractor hereby acknowledges that Contractor has the legal responsibility for complying with the Political Reform Act and nothing in this agreement releases Contractor from this responsibility. 26. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Said insurance shall 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-:V” and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. A. Coveraqes and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-limit per occurrence for bodily injury, personal injury and property damage. If the -10 - rev. 12/28/99 submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for Contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily injury and property damage. 3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the contractor’s profession with limits of not less than $1 ,OOO,OOO per claim. Coverage shall be maintained for a period of five years following the date of completion of the work. B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions. 1. The City shall be named as an additional insured on all policies excluding Workers’ Compensation and Professional Liability. 2. The Contractor shall furnish certificates of insurance to the City before commencement of work. 3. The Contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. rev. 12/28/99 -11 - 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the Contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The Contractor is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the Contractor or deduct the amount paid from any sums due the Contractor under this agreement. 27. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: For City: For Contractor: Title Name Address Title Name Address INFORMATION SYSTEMS MANAGER Gordon Peterson 1635 Faradav Ave Carlsbad, CA 92008 Chief Executive Officer e Don L. Hawlev 4256 Hacienda Drive, Pleasanton, CA 94588 Architect/License Number: Architect/License Number: -12 - rev. 12/28/99 28. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. 29. ENTIRE AGREEMENT This agreement, together with any other written document referred to or contemplated herein, along with the purchase order for this contract and its provisions, embody the entire agreement and understanding between the parties relating to the subject matter hereof. In case of conflict, the terms of the agreement supersede the purchase order. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. rev. 12/28/99 -13 - ca d Executed by Contractor this CONTRACTOR: day of CITY OF CARLSBAD, a municipal corporation of the State of California NetsWork, Inc. (name of Contractor) Jav A. Fischer, SeMetarv (print name/title) ATTEST: &2zGkmzL NY LORRAItiE M. WOOD City Clerk (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. 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: -14 - rev. 12/28/99 State of California county of &&Y&0.49 On f-/3-00 , before me, 3ilo/-Q A i=f&?e./ personally appeared aoRl L. A/AuJIrL, AM c?%Y A. &&cf / / &Personally known to me - or - uproved 1 JUDITH A. FLETCHER - COMM. #llO8237 - NOTARY FUUIC . CALIFORNIA : ALAMEDA COUNTY ; MyComm.Exp.Aug.11,2000 : Illlv,r,,rrrr~r,r,rr~~“.~~~~~...~~.~?~~~I~~l~~~I~Il~ to me on the basis of satisfactory evidence to be the person(s) whose name(s) ware subscribed to the within instrument and acknowledged to me that-he&r&hey executed the same in hi&or/their authorized capacity (ies) and that by kk #k&heir 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. Signature of Notary Public --_---~~~~--~~-~~~_~~~~- i--- -- (JpgonQc ___- - -- - ----_ ------ ~~~----~-_ Though the information below is not required by law, it may prove valuable to persons relying on the document and couldprevent fraudulent removal and reattachment of thiq form to another document. Description of attached Document I Title or Type of Document: c /rq of= ~muI?y?Ip PC/(=prne& / Document Date: SC -/.3 /aJ Number of Pages: -L Signer(s) Other Than Named Above: %Jckb &- %a , c UIU-AI~) t2 m. WO 4 Capacity(ies) claimed by Signer(s) Signer’sName: -D6\ c.&\u, I 0 Individual a Corporate Officer Title(s): U6 0 Partne$JLimited q General 0 Attorney-in-Fact 0 Trustee q Guardian or Conservator nOther: Signer is Representing: CJdbocd,~ Signer’sName: xti b- &&,v Individual Corporate Officer Title(s): k 0 Partner-mimited “2; General 0 Attorney-in-Fact q Trustee 0 Guardian or Conservator q Other : Signer is epresenting: lbztsL.r&, ZJC