HomeMy WebLinkAbout1995-02-07; City Council; Resolution 95-281
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RESOLUTION NO. 9 5 - 3 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING A BID AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT FOR LANDSCAPE MEDIAN MAINTENANCE
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follows: 6
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Carlsbad, Califo
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1. That the bid of Ponderosa Landscape Inc, PO Box 385, Solana Beach CA 9: 8 hereby accepted and the Purchasing Officer is hereby authorized to execute a purchase c
9 the acquisition of landscape maintenance services for a period of one year beginning Feb
10 1995, which may be renewed by the City Manager for three additional one (1) year peric
11 revised contract prices set by mutual agreement.
12 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to ext
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agreement, a copy of which is attached hereto, for and on behalf of the City of Carlsbac
regular meeting held on the 7th day Of FEBRUARY , 1995, by the following VOl l5
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carls
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AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
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I ABSENT: None
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ATTEST:
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28 (SEAL)
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LANDSCAPE MAINTENANCE AGREEMENT
THIS AGREEMENT is entered into this 8th day of FEBRUARY ,
19 95 ,' by the CITY OF CARLSBAD, a municipal corporation, hereinafter called the
"City" and WE , Inc. hereinafter called the "Contractor".
WITNESSETH
A. "e RECITALS
(i) City has determined that it may most economically provide for
maintenance of the City's landscape median areas listed on Exhibit "A" if
an independent contractor performs the maintenance workl
(ii) This agreement is to provide for the performance of this
maintenance work by Contractor and to define the rights and obligations
of the parties.
9. AGREEMENT
THEREFORE, it is agreed between the patties as follows:
1. ' In consideration of the sum of $50,736 -00 , to be paid to
Contractor by City in twelve (12) equal installments of $4228.00
the Contractor will:
a. Take responsibility for the performance of all work
described in this agreement.
b. Provide all labor and materials, except where otherwise
indicated in this agreement, and supervise the perforrnanc
of the work.
c. Furnish a supervisor and make every .effort to keep him 01
the job at all times.
d. Comply with all laws, ordinances, rules, and regulations 0
government authorities, federal, state and local, including
Worker's Compensation and Immigration Reform and
Contract Act of 1986, pertaining to the performance of thc
work.
f. Perform all work necessary and incidental to the orderly
performance of the work.
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2. Time of Commencement
Contractor shall commence performance of work within fifteen
(15) working days after the agreement is signed by the Mayor.
3. Schedule of Work
Reaularlv Scheduled. Regularly scheduled work is outlined in this
agreement work hours shall be between 7;30 and 430, Monday
through Friday, except holidays.
Contractor agrees to perform additional unscheduled
maintenance work not mentioned in specifications as necessary
to maintain the grounds in the standard desired by the City, not t
exceed five (5) work hours per week, including emergency call
outs.
4. Work Schedulinq and inspection
a. Scheduling. Contractor’s supervisor shall prepare monthl)
work schedules and review them with the Director of Parks
and Recreation or his designed representative.
b. Communications, Contractor’s supervisor shall visit the
community Services Department twice per week to obtain
messages or instructions from the Director of Community
Setvices or his designated representative. Contractor sha
supply, and City shall use, a work request form to insure
proper documentation of requests.
c. Inspections. A general inspection each month including F
written evaluation of each specific area with the Director o
Community Services or his designated representative and
the contractor’s supervisor shall be made during the first
week of every month.
5. Compensation and Billinq
City agrees to pay contractor a total contract price of $50,736 .(
dollars in monthly installments of $4228.00 dollars.
Monthly invoice should be submitted after service is provided.
Payment for service shall be made within first half of the month
.following the month in which satisfactory services were rendered
and after monthly inspection.
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6. Contractor’s Local Headquarters
Contractor shall maintain adequate office and storage facilities for
the performance of the agreement. Such facilities shall be
located within the North County. Failure to do so may result in
termination of contract.
7. Emergency Call Out Procedures
Within fifteen (15) working days after the date of this agreement,
Contractor shall submit to Director of Community Services or his
designated representative for approval, a procedure to provide for
emergency response on nights, weekends, and holidays.
8. Future Adjustments to Contract Prices and Work Quantitv
Prior to June 1st of each year, Ciy shall give contractor a
tentative list of additions to facilities to be maintained under this
agreement and any proposed increases or decreases in the
quantity of work to be performed. Based on list, contractor shall
submit to City within thirty (30) days after.receipt of list a
proposed, revised schedule. Revised contract price shall be set
’ by mutual agreement of the parties by August 15th. if both
parties agree upon revised price, they shall become an
addendum to this agreement and shall take effect October 15th.
Prior to October 15th, the scope of the maintenance may be
increased using the change order procedures described in
Carlsbad. Municipal Code section 3.28.172.
9. Termination
Notwithstanding the agreement term described in paragraph 20,
this agreement may be terminated with or without cause by eithe
party at any time upon ninety (90) days written notice to the othe
Paw.
10. Hold Harmless and Indemnifv
The City, its agents, officers and employees shall not be liable fa
any claims, liabilities, penalties, fines or any damage to goods,
properties or effects of any person whatever, nor for personal
injuries or death caused by, or resulting from, or claimed to haw
been caused by, or resulting from, any act or omission of
Contractor or Contractor’s agents, employees or representatives,
Contractor agrees to defend, indemnify, and save free and *,
harmless the City and its authorized agents, officers, and
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employees against any of the foregoing liabilities or claims of any
kind and any cost and expense that is incurred by the City on
account of any of the foregoing liabilities, including liabilities or
claims by reason of alleged defects in any plans and
specifications, unless the liability or claim is due, or arises out of,
solely to the City’s negligence.
11. 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 this agreement.
The Contractor is an independent contractor of the City. The
payment made to Contractor pursuant to this contract shall be thc
full and complete compensation to which Contractor is entitled
pursuant to this contract. The City shall not make any federal or
state tax withholdings on behalf of the Contractor. The City shall
not be required to pay any workers’ compen’sation insurance on
behalf of the Contractor. The Contractor agrees to indemnify the
City for any tax, retirement contribution payment which the City
may be required to make on behalf of Contractor or any
employee of Contractor for work done under this agreement.
The.Contractor shall be aware of the requirements of the
Immigration Reform and Control Act of 1986 (8 U.S.C. Sec. 1101
1525) 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.
12. Assiqnment of Contract
The Contractor shall not assign this contract or any part thereof (
any monies due thereunder without the prior written consent of
the City.
13. Sub-Contracting
If the Contractor shall sub-contract any of the work to be
.performed under this contract by the Contractor, Contractor shal
be fully responsible to the *City for the acts and omissions of
Contractor’s sub-contractor, as Contractor is for the acts and
omissions of persons directly employed by Contractor. Nothing
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contained in this contract shall create any contractual relationship
between any subcontractor of Contractor and the City. The
Contractor shall bind every sub-contractor and every sub-
contractor of a sub-contractor by the terms of this contract
applicable to Contractor’s work unless specifically noted to the
contrary in the sub-contract in question approved in writing by th
City.
14. Prohibited Interest
No official of the City who is authorized in such capacity on behz
of the City to negotiate, make, accept, or approve, or take part ir
negotiating, making, accepting, or approving of any architectural
engineering inspection, construction or material supply contract0
‘or any sub-contractor in connection with the construction of the
project, shall become directly or indirectly interested personally i
this’ contract or in any part thereof. No officer, employee,
architect, attorney, engineer or inspector of or for the City who is
authorized in such capacity and on behalf of the City to exercise
any executive, supervisory, or other similar functions in
connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any
part thereof.
15. Verbal Aqreement or Conversation
No verbal agreement or conversation with any office, agent, or
employee of the City, either before, during, or after the executior
of this contract, shall affect or modify any of the terms or
obligations herein contained nor such verbal agreement or
’ conversation entitle the Contractor to any additional payment
whatsoever under the terms of this contract.
16. Successors or Assiqns
Subject to the provisions of paragraph (lo), Hold Harmless
Agreement, all terms, conditions, and provisions hereof shall
insure to and shall bind each of the parties hereto, and each of
their respective heirs, executors, administrators, successors, an1
assigns.
17. Liabilitv Insurance and Workers’ Compensation
,. Without limiting Contractor’s indemnification, it is agreed that
Contractor shall maintain in force at all times during the ’
performance of this agreement a policy or policies of liability
insurance at least $1,000,000.00 combined single limit coverins
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operations, including coverage for contractual liability and
insurance covering the liability set forth here.
The policy or policies shall contain the following clauses:
A. “The City is added as an additional insured as respects
operations of the named insured performed under contrac!
with the City.”
B. “It is agreed that any insurance maintained by the City sh2
apply in excess of and not contribute with, insurance
provided by this policy.”
All insurance policies required by this paiagraph shall contain thf
following clause:
A. . “This insurance shall not be canceled, limited, or non-
renewed until after thirty (30) days written notice has beer
given to the City.’’
B. “The insurer waives any rights of subrogation it has or ma
have, against the City or any of its officers or employees.’
Contractor shall comply with the requirements of Section 3700 o
the California Labor Code. Contractor shall also assume the
defense and indemnify and save harmless the City and its office
and employees from all claims, loss, damage, injury, and liabilih
of every kind, nature, and description brought by any person
employed or used by Contractor to perform any work under thi2
Contract regardless of responsibility for negligence.
Certificates of insurance evidencing the coverages required for
liability insurance and workers’ compensation shall be filed with
the City prior to the effective date of this agreement.
Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection wii
the performance of the work hereunder by the Contractor, his
agents, representatives, employees, or subcontractors. If the
insurance is on a “claims made” basis, coverage shall be
maintained for a period of three years from the date of complei
of the work. The cost of such insurance shall be included in
Contractor’s bid. The insurance company or companies shall
meet the requirements of City Council Resolution No. 89-387.
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A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office form number GL 0002 (Ed
1/73) covering Comprehensive General Liability; and
Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General
Liability; and
2. Insurance Services Office form number CA 0001 (Ed
1/78) covering Automobile Liability, Code 1 "any
auto"; and
3. Workers' Compensation as required by the Labor
Code of the State of California and Employers'
Liability Insurance.
6. Minimum Limits of Insurance
Contractor shall maintain limits no iess than:
1. Comprehensive General Liability: $1,000,000
combined single limit per occurrence for bodily
injury and property damage. If the policy has an
aggregate limit, a separate aggregate in the
amounts specified shall be established for the risks
for which the City or its agents, officers, or
. ' employees are additionally insured.
2. Automobile Liability: $1,000,000 combined single
limit per accident for bodily injury and property
damage.
3. Workers' Compensation and Employers' Liability:
Workers' Compensation limits as required by the
Labor Code of the State of California and Employe
Liability limits of the $1,000,000 per accident,
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured Retentions must be
declared to and approved by the City. At the option of tt
City, either the insurer shall reduce or eliminate such
deductibles or self-insured Retentions as respects the Cit
its officials and employees, or the Contractor shall procu,
a bond guaranteeing payment of losses and related
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investigations, claim administration, and defense expense
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, th
following provisions:
1. General Liability and Automobile Liability Coveragt
a. The City, its officials, employees, and
volunteers are to be covered as insured as
respects: liability arising out of activities
performed by or on behalf of the Contract0
products and complete operations of the
Contractor; premises owned, leased, hired,
borrowed by the Contractor. The coverage
shall contain no special limitations on the
scope of protection afforded to the City, its
officials, employees, or volunteers.
b. The Contractor’s insurance coverage shall
primary insurance as respects the City, its
officials, employees, and volunteers. Any
insurance or self-insurance maintained by 1
City, its officials, employees, or volunteers
shall be in excess of Contractor’s insuranc
and shall not contribute with it.
c. Any failure to comply with reporting provis
of the policies shall affect coverage provid
to the City, its officials, employees, or
volunteers.
d. Coverage shall state that Contractor’s
insurance shall apply separately to each
insured against whom claim is made or SI
brought, except with respect to the limits
the insurer’s liability.
2. Workers’ Compensation and Employers‘ Liability
Coverages:
The insurer shall agree to waive all rights of
subrogation against the City, its officials, ernplo!
and volunteers for losses arising from work
performed by Contractor for the City.
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3. All Coverages
Each insurance policy required by this clause shall
be endorsed to state that coverage shall not be
suspended, voided, canceled, reduced in coverage
or in limits except after thi,rty (30) days' prior wtitter
notice by certified mail, return receipt requested, hi
been given to the City.
E. Acceptabilitv of Insurers
Insurance is to be placed with insurers with a Bests' ratin
of no less than A: V as specified by City Council Resoluti
NO. 89-387.
F. Verification of Coveraqe
Contractor shall furnish the City with certificates of
insurance and with original endorsements affecting
coverage required by this clause. The certificates and
endorsement for each insurance policy are to be signed
a person authorized by that insurer to bind coverage on
behalf. The certificates of endorsements are to be in for
provided by the City and are to be received and approvt
by the City before work commences.
G. Subcontractors
'Contractor shall include all subcontractors as insured ur
its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverages fol
subcontractors shall be subject to all of the requirement
stated herein.
18. ' Acceptance of Public Facilities "As Is"
Contractor acknowledges having examined the public facilities
be maintained pursuant to this agreement and accepts them 'I
is". No changes in the accepted conditions of the facilities Shi
be made by contractor without prior approval of the Director o
Community Services.
19. Citv Permits
The Contractor must have a current City business license.
Bidders are advised to consult the Business License Supervis
as to the exact cost of such license if not currently licensed.
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20. Contractor Certification Requirements
The Contractor must have the following licensed staff working on
the job:
A. Certified Landscape Technician - at all times
B. State of California Pesticide Qualified Applicator Certificate
for crew leader.
C. State of California Pesticide Qualified Applicator License for
I supervisor.
D. State of California Pest Control Advisor License on staff.
21. Term
This agreement shall extend for a period of one (1) year. By
mutual assent, the parties may extend this agreement for three (3
additional one (1) year periods for a total period of four (4) years
upon satisfactory performance, and the consideration shall be
determined by the methods described in paragraph 8.
22. Reaularly Scheduled Work
a. lrriaation. All plants and turf shall be provided with
sufficient irrigation water to maintain a healthy appearance
and condition. Water and irrigation system will be providc
by City. Contractor shall control clock programming and
hand watering schedule in a manner that will not cause
unnecessary water run-off or ponding. Schedules will be
prudently adjusted so as to not waste water. Irrigation wil
not normally be performed during daylight hours on areas
where the systems are automatically controlled. Any
exceptions shall be approved by the Director of Communi
Services or his designated representative, prior to waterin
During rainy periods, it shall be the Contractor’s
responsibility to secure irrigation systems. City will notify
Contractor of any special events to take place on park
areas and Contractor shall adjust irrigation schedule so a:
to not disrupt events. Newly planted trees should be
manually watered as necessary.
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b. lrriqation Svstems Maintenance. Contractor shall trim
around, clean and adjust all sprinkler heads as necessary
to ensure proper performance. Contractor is also
responsible for maintenance of automatic sprinkler
systems, including a monthly test activation of the system.
c. lrriqation Svstems Repair. Contractor is responsible for
making repairs to the irrigation system as follows:
1) Ail minor repair labor.
2) Up to $50.00 per month of repair parts, with parts
valued at Contractor's actual cost.
3) Major repairs if Contractor submits an estimate to
City within five (5) working days and City agrees to
the cost of repair. The City reserves the right to
make major repairs in any manner it chooses if Cib
does not accept the cost estimate, or Contractor
does not submit an estimate, or Contractor does nc
submit an estimate within five (5) working days.
All repairs to the system shall be made according to the
original detail.
d. Turf Mowinq, Edainq, and Trimming. All turf areas shall t
mowed, edged, and trimmed at least weekly during the
months of March through November, and bi-weekly durin
the months of December through February, weather
permitting. The height of the grass shall be maintained E
a height one inch (1") to two inches (2'7, depending on tl
type of grass and the mowing seasons. During heavy
growth seasons or for special events, extra mowing may
ordered by the Director of Community Services or his
designated representatives, and performed by Contract0
at no additional cost to City. Turf shall be swept,
vacuumed or otherwise cleaned to maintain a neat
appearance at all times.
e. Walks, Curbs, and Hardscape. All sidewalks, curbs,
hardscape, and miscellaneous asphalt and concrete
surfaces shall be washed, swept or blown off once a we
Any debris that is caused by the Contractor shall be
thoroughly cleaned at once.
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f. Planters and Ground Covers. All planters and ground
cover areas shall be kept free from debris and weeds at all
times. These areas shall be cultivated and weeded at not
more than ten (10) working day intervals. These areas
shall also be edged weekly and any debris generated by
this operation shall be removed immediately.
g. Trimmina and Pruning. All shrubs and plants shall be kept
pruned and trimmed in accordance with good horticultural
practices. Shrubs shall be maintained at least 12" from
roadway and trimmed in, a manner that provides safe traffic
flow. All trees shall be kept clear of sidewalks, paths and
roadways by minor trimming. If the Contractor feels that
major trimming is necessary, he must notify the Director of
Community Services or his designated representative
before proceeding.
h. Fertilizing. All turf areas shall be fertilized a minimum of
four (4) times a year or as is necessary to maintain a
healthy appearance and condition. Fertilizer material tags
shall be submitted to the Director of Community Services
or his designated representative for approval before
application. All plants and trees (in medians) shall be
fertilized twice annually (in the spring and in the fall) with 2
balanced fertilizer (10-10-1 0) and treated as necessary to
maintain a healthy condition and appearance. Fertilizer
shall be provided by Contractor.
i. Weed, Pest, and Disease Control. All turf areas, planters,
beds, trees, and tree wells shall be kept clear and free of
all weeds, pests, and diseases at all times. Methods and
materials used to accomplish this objective are subject to
approval by the Director of Community Services or is
designated representative but are supplied by Contractor.
i. Reseedinq. Any turf area shall be reseeded as required t the Director of Community Services or his designated
representative, at Contractor's expense, as a result of
negligence by Contractor. When reseeding, materials an1
horticultural practices used are subject to inspection and
approval by Director of Community Services or his
designated representative.
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k. Tree and Shrub Replacement. 6 ntractor shall replace, a
his expense, any trees, shrubs, turf, or ground cover whic
die as a result of Contractor’s negligence. City shall
replace any trees, shrubs, turf, or ground cover which die
for reasons other than Contractor’s negligence. Size of
trees and shrubs shall be determined by Director of
Community Services or his designated representative;
ground cover shall be’from flats.
I. Traffic Controls. Contractor shall provide and display all
safety devices and traffic controls in accordance with City
of Carlsbad standards at all times when working in the
public right-of-way. All Contractor’s employees shall be
attired in approved safety gear at all times and traffic
control shall be as outlined by the Director of Community
Services. Failure to do so will result in an immediate
shutdown of activity by the City. Any work not
accomplished as a result of this shutdown shall ‘be
performed at another time with proper safety devices at I
additional expense to the City.
m. Safety. All equipment and machinery utilized by the
Contractor while performing work for the City shall be
equipped and operated in such a manner so as to confc
to all applicable laws and regulations, including, but not
limited to Cal-OSHA, concerning safety and operations.
n. Turf Aeration and Thatchinq. Turf area shall be aerated
and thatched in accordance with good horticulture
practices. If the Contractor feels that a major renovation
needed, he shall notify the Director of Community Servic or his designated representative prior to proceedings.
0. Miscellaneous Items.
I) . All grass and shrub clippings and any other debr
generated by the Contractor’s activities shall be
removed and properly disposed of by the Contra
at his expense.
2) Dust or nuisance conditions occasioned by ,
Contractor’s work shall be alleviated immediately
3) Each of Contractor’s working crews shall have a
responsible leadperson who may represent
Contractor to discuss work results with the Direct
of Community Services or his designated
representative.
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e 41 Ib)’ Contractor shall be respo ble for keeping curb,
gutter, and hardscape areas free of weeds and
debris, at all times.
5) All of Contractor’s personnel performing the work of
this contract shall maintain appearance and uniforms
in a manner acceptable to City standards.
Large trash items shall be picked up by Contractor
prior to moving.
Executed this
Contractor:
&ldDf/z9 5-A Lk#D.APE, L&e.
(name of Contractolr)
ATTEST:
(sign here) Aletha L. Rautenkranz, City Clerk
,< l’:‘ “i 17 hCJl/
(print name here)
APPROVED AS TO FORM:
(print name here)
&?kL&&l - z!r?&Uti
(title and orgdnization of signatory)
(Proper notarial acknowledgement of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for
corporations. If only one officer signs, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering that
officer to bind the corporation).
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CALIFORNIA ALL-PURPOS Ea CKNOWLEDGMENT e
* LL
State of -dh~;L {,e;&
County of, %/> 0; -P2w
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On T dl d,tJ 4 l--/ 37; /TPhGfore me, i ac(,:e/ Levy
personally appearLd 6.f f /3h c' 17 y r 4- r-IAX4A [PI zs
n personally known to me - OR - E proved to me on the basis of satisfactory evidenc
to be the person(s) whose name@) &'/a/
subscribed to the within instrument and a
knowledged to me that h&e/they executc
the same in bk#er/their authorize
capacity(ies), and that by h"wr/the
signature(s) on the 'instrument the person(:
person(s) acted, executed the instrumer
DATE NAME, TITLE OF OFFICER - E G., "JA~E DOE, NOTARY PUBLIC" - 60 /kc .$
NAMEW OF SIGN~RIS)
FITl - OFFICIAL DEAL II
T DANIEL LEVY fz I:&.< "' '-'#?f NOTAR'Y PURLlCCAUFOR~A $ or the entity upon behalf of which tt 2 &,-$@ ' COUMISION NUMBER 974871 -. '1, <&,.$' PfWfN OfflCf Iti $AH DIEGO CouI(Iy 11 I :..u.-.. uy COIlMlSlON EXP. OCT '2.1988
I f SIGNATURE Ck NOTARY - OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prf.
fraLJdulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEf
L& JAUf Q Md, ;1 I- f%-- 9 C: tc. /.rre s, . /IC, re
TITLE o TYPE OF DO CUM EN^ TITLE($)
1 Y fl AITORNEY-IN-FACT NUMBER OF PAGES
.__ .. __." " DATE OF DOCUMENT
............. -
SIGNER IS REPRESENTING:
NAME OF t'LflSL)N(S) 013 ENTllY(ILS)
........... " "" SIGNER(S) OTHER THAN NAMED ABOVE
......... ."" __
01993 NATIONAL NOTARY ASSOCIATION 8236 Rernrnet Ave., P.O. Box 7184 Canoga Park, C