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HomeMy WebLinkAbout000258 Original ContractCITY OF PORT ANGELES City of Port Angeles Record #000258 WIRELESS MOBILE DATA SYSTEM RETAIL SERVICE PROVIDER AGREEMENT Between CITY OF PORT ANGELES, WA And OlyPen, Inc. Dated December 20, 2011 Page 1 WIRELESS MOBILE DATA SYSTEM RETAIL SERVICE PROVIDER AGREEMENT THIS WIRELESS MOBILE DATA SYSTEM RETAIL SERVICE PROVIDER AGREEMENT (the "Agreement between the City of Port Angeles, a Washington municipal corporation, hereinafter the "City and OlyPen, Inc., registered to do business in Washington State, hereinafter the "Vendor sets forth the terms and conditions for provision by Vendor of retail internet Service Provider services, hereinafter "ISP services and retail network services to the general public using the City's Wireless Mobile Data System, hereinafter the "WMDS The City and Vendor are referred to collectively as the "Parties and individually as "Party 1. AGREEMENT TERM This Agreement shall commence as of the date it is fully executed by both Parties, and shall continue in effect for a period of six years unless earlier terminated pursuant to Sections 2.8 and 2.14 hereof. 2. AGREEMENT 2.1 Performance by the Vendor This Agreement requires the Vendor to perform the following in accordance with Exhibits 1,2, and 3: 1. ISP Services. The Vendor must secure a network interconnection for wholesale Internet access and will be responsible for all retail ISP service functions (e.g., site surveys to determine adequate signal strength and lack of interference, advertisements and free trial periods, customer service, billing, collection, technical support, customer premise equipment, service activation) for use of excess 2.4 GHz capacity in the WMDS to provide ISP services to the general public. The Vendor shall provide hot spot and walled garden services to the general public in accordance with Exhibit 2. The Vendor shall provide quarterly reports to the City detailing the monthly number of subscribers at each Tier. 2. Network Services. The Vendor will be responsible for all retail network services (e.g., point -to -point VLAN service) and service functions (e.g., customer service, billing, collection, technical support, customer premise equipment, service activation) for use of the WMDS to provide network services to the general public. The Vendor shall provide retail network services to the general public in accordance with Exhibit 2. The Vendor shall provide quarterly reports detailing the number of monthly subscribers at each Tier. Page 2 2.2 Service Level Agreement A service level agreement for the Vendor's interconnection to the WMDS to provide retail ISP services and retail network services to the general public using the 2.4 GHz wireless operations that are not licensed by the Federal Communications Commission is provided as Exhibit 2, which services include but are not limited to system availability, reliability, security, latency, packet loss, network operating center, problem reporting and priorization. The service level agreement for Vendor's use of the WMDS shall be in accordance with the WMDS Operation, Management, and Maintenance Services Agreement. 2.2.A Scope of Vendor's Obligations The intent of the City and the Vendor is that the Vendor shall provide retail ISP services, hot spot services, walled garden services, a network interconnection for wholesale internet access with a minimum capacity of 100 Mbps, and retail network services to the general public using the City's WMDS. The Vendor shall pay all recurring charges for wholesale Internet access. The Vendor shall complete and pay for all other necessary work to accomplish the intent of this Agreement, even if such work, acquisitions, payments, or other performances are not specifically mentioned in this Agreement. The Vendor shall maintain its monthly recurring subscriber charges for the number of months specified in Exhibit 2. The Vendor may adjust its monthly recurring subscriber charges after the number of months specified in Exhibit 2 have elapsed, and shall notify the City thirty (30) days in advance of any adjustment. The Vendor may not unreasonably deny service to any residence or business in the City. However, the Vendor may deny service to any residence or business that it deems, in its sole discretion, to be unserviceable either due to low signal quality at the residence or business location, inability to reasonably mount the Customer Premise Equipment at the residence or business, or such other reason Vendor deems the residence or business to be unserviceable. Additionally, Vendor may, in its sole discretion, deny service to any person who fails to meet or is unable to meet financial obligations for the service and/or any person it deems to have violated the Vendor's Terms of Service Agreement provided in Exhibit 2. 2.2.B City's Obligations To the extent the City has excess capacity in its WMDS, the City shall provide or procure all necessary WMDS components, management, supervision, resources and materials required in accordance with the terms and intention of the WMDS Acquisition and Integration Agreement and the WMDS OM &M Services Agreement, all so that at the time the WMDS is ready for use the Vendor may begin commercial operations. The City shall pay for all recurring charges for electric service to each Wireless Access Point and all recurring charges, if any, for fiber optic service to Wireless Access Points. 2.2C Non Exclusive. The grant of rights to the Vendor is non exclusive. The City may enter into additional agreements with other Vendors for provisions of the same or substantially similar services. Page 3 2.3 Total Compensation The Vendor agrees to pay the City a charge in the amount of $5.00 per month per retail ISP Tier 1 subscriber to the WMDS. The Vendor agrees to pay the City a charge in the amount of $10.00 per month per retail Tier 1 network service subscriber to the WMDS. The Vendor's payment to the City per month per retail subscriber for a higher than Tier 1 service shall be determined dividing the higher Tier service Mbps by the Tier 1 Mbps, which shall then be multiplied by the share that Tier 1 City revenues constitutes of total City revenues for each month under this Agreement. In the event the Vendor increases its retail ISP or network service monthly recurring subscriber charges, the Vendor's payment to the City per month shall be determined by dividing the new monthly recurring subscriber charge by the monthly recurring subscriber charge in Exhibit 2, which shall then be multiplied by the fixed monthly revenue share amount per subscriber in accordance with the retail ISP amount included in Exhibit 2, Schedule "B items "I" and "J" or the retail network service amount included in Exhibit 2, Schedule "C items "G" and "H as appropriate. The Vendor agrees to pay the City a charge in the amount of 25% of the Vendor's total monthly revenues related to hot spot services, value add hot spot services, and walled garden services using the WMDS in accordance with Exhibit 2. 2.4 Taxes, Permits, and Fees The Vendor shall pay sales, consumer, use, City public utility tax, and all other local, state and federal taxes necessary for proper execution. 2.5 Vendor Payment Vendor payment to the City shall be quarterly and is due within 30 days of the end of each quarter. Thereafter, interest of 1.0% per month will be charged on the payment or partial payment due. 2.6 Notices All notices required to be in writing hereunder shall be deemed given when personally delivered, or if mailed by certified or registered mail, three (3) days following deposit in the United States mail, postage prepaid, or if via telecopy or facsimile, when received, or if sent by courier service providing evidence of delivery, when actually delivered by such service. All notices from Vendor to the City pursuant to this Agreement shall be directed to the City Manager at City Hall, 321 East Fifth Street, P.O. Box 1150, Port Angeles, WA 98362 -0217, or to such officer as designated by the City Manager. Page 4 All notices from the City to Vendor pursuant to this Agreement shall be directed to the Vendor at 315 East Washington Street, Sequim, WA 98382, or to such officer as designated by the Vendor. 2.7 Non Disclosure Agreement The City will maintain confidentiality of any information provided or made available by Vendor to the City to the extent permitted by law for which the Vendor has notified the City that such information is of a confidential nature. Vendor shall maintain confidentiality of all information about the City's computer network and security systems and data under this Agreement. Vendor will maintain confidentiality of any additional information provided or made available by the City to the Vendor to the extent permitted by law for which the City has notified Vendor that such additional information is of confidential nature. Vendor shall accept and comply with Exhibit 3 the Non Disclosure Agreement under this Agreement. The Vendor shall also accept and comply with any reasonable Non Disclosure Agreement required by the City's information system vendors. 2.8 Insurance The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Vendor, their agents, representatives, employees or subcontractors. Failure by the Vendor to maintain the insurance as required shall constitute a material breach of contract upon which the City may, after giving five working days notice to the Vendor to correct the breach, immediately terminate the Agreement or at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, off set against funds due the Vendor from the City. a. Minimum Scope of Insurance The Vendor shall obtain insurance of the types described below: i. Automobile Liability insurance covering all owned, non owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. ii. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. Page 5 There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Vendor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured Endorsement CG 20 10 10 01 and Additional Insured- Completed Operations Endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. b. Minimum Amounts of Insurance The Vendor shall maintain the following insurance limits: i. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products completed operations aggregate limit. c. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance. i. The Vendor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self insurance, or insurance pool coverage maintained by the City shall be in excess of the Vendor's insurance and shall not contribute with it. ii. In the event the Vendor's insurance is cancelled or reduced as to coverage, Vendor shall notify City within (2) two business days of such cancellation or reduction. 2.9 Reports The Vendor shall promptly report to the City such information relating to this Agreement as the City may reasonably require to demonstrate Vendor's compliance with the terms and conditions of this Agreement and shall comply with the City's reasonable determination of the forms for such reports, the time for such reports, the frequency with which any reports are to be made, and whether or not such reports are to be certified. The Vendor's quarterly payments shall be accompanied by a statement that lists the service Tiers and monthly number of subscribers receiving retail services during the prior quarter. This statement shall be in a form agreed to by the City and Vendor. Any transaction or arrangement which has the intent of circumventing payment of required charges and/or evasion of payment of charges by non collection, non reporting, bartering, or any other means which evade the actual reporting of subscribers by Vendor delivered over the WMDS is prohibited. Page 6 The City reserves the right to conduct subscriber audits, at the Vendor's offices during normal business hours and upon thirty days written notice to inspect and audit the Vendor's records showing the subscribers from which its charges are computed. Any such inspection or audit of Vendor's records shall take place within thirty -six months following the respective calendar year in which the Vendor rendered the service to be audited or inspected. The Vendor shall reimburse the City for any charges due under this Agreement that were underpaid. In the event an audit results in a determination that Vendor has underpaid any charges arising under this Agreement by five percent or more, the Vendor shall in addition reimburse the City for the reasonable cost of the audit. The City shall pay the Vendor any amounts which any audit indicates are overpaid. 2.10 Indemnification/Hold Harmless Vendor shall defend, indemnify and hold harmless the City, its officers, officials, employees, and volunteers from any and all claims, injuries, damages, losses or suits, including attorney fees, arising or issuing out of or in connection with this Agreement, except as may be caused by the sole negligence or willful misconduct on the part of the City. 2.11 Subcontracts /Assignment Vendor shall not subcontract, assign or transfer any right, title or interest under the terms of this Agreement without the prior written approval of the City. Such approval shall not be unreasonably withheld or delayed, provided it is demonstrated to the City's satisfaction that the assignee has the background, experience, certifications, ability, and the technical, financial and legal resources to perform the requirements of this Agreement, and will maintain the security of the City's confidential information and comply with the Non Disclosure Agreement. 2.12 Survival The provisions covering charges and payment, indemnification/hold harmless, and non- disclosure of confidential information shall survive expiration of this Agreement. 2.13 Open Access Policy At all times the Vendor shall comply with the following City policy in support of the Federal Communications Commission Policy Statement (FCC 05 -151) that relates to public access to the WMDS. The policy, to which the City Manager may from time to time make minor modifications, is to ensure that broadband networks are widely deployed, open, affordable, and accessible to all consumers, and to encourage broadband deployment and preserve and promote the open and interconnected nature of the public internet. Nothing in this Section shall prohibit the Vendor from enforcing its Terms of Service Agreement provided in Exhibit 2. The policy entitles consumers to: Page 7 Access the lawful interne content of their choice. Run applications and use services of their choice, subject to the needs of law enforcement. Connect their choice of legal devices that do not harm the network. Competition among network providers, application and service providers, and content providers. 2.14 Termination Each Party reserves the right to terminate this Agreement without cause upon 60 days written notice to the other Party, provided such written notice is given on or before December 31, 2013. Each Party also reserves the right to terminate this Agreement at any time upon breach or failure of compliance by the other Party of a material term or condition of this Agreement; provided that the non breaching Party has first given 60 days written notice to the breaching Party specifying in reasonable detail the alleged breach or failure of compliance and demanding the cure of the alleged breach or failure of compliance. If said breach or failure to comply cannot reasonably be cured in 60 days and the breaching Party has promptly attempted to cure the same but has been unable to do so, then the time for curing such breach or failure to comply shall be extended for such period of time as may be reasonably necessary to complete such cure, as determined by the non breaching Party. The City reserves the right to terminate this Agreement if Vendor breaches the Non Disclosure Agreement, attached hereto as Exhibit 3. Such termination shall take effect immediately upon the delivery of written notice to Vendor by the City of such information. 2.15 Entire Agreement This Agreement and its Exhibit(s) represent the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior oral negotiations and agreements. It is the intent of the Parties hereto that each Party enjoy all rights and be subject to all obligations of this Agreement for the entire term of this Agreement. However, both Parties recognize that the technology of telecommunications services is in a state of flux. The Parties may amend this Agreement to reflect any proposed or actual use of the WMDS that is not expressly provided for in this Agreement that may or may not invalidate or substantially negate or expand the effect of any material provision of this Agreement. Page 8 2.16 Applicable Law, Venue and Attorney's Fees The law of the State of Washington shall apply to any, suit, cause of action or other legal action arising under or as a result of this Agreement. Venue shall be in Clallam County Superior Court. If any suit or other action is instituted in connection with any controversy arising under this Agreement, the prevailing Party shall be entitled to recover all of its costs and expenses including such sum as the Court may judge reasonable for attorney fees, including fees upon appeal of any judgment or ruling. 2.17 Mediation/Arbitration In the event of any dispute concerning the terms of this Agreement or the breach thereof, the parties agree to make good faith efforts to resolve such dispute through direct discussions. If such efforts are unsuccessful, the parties agree to endeavor to settle the dispute by mediation. The mediator shall be selected by agreement of the parties. Following mediation, if either party gives to the other a written demand for arbitration, any unresolved controversy or claim arising from or relating to this Agreement or breach thereof shall then be submitted to binding arbitration. In that event, each party shall appoint one arbitrator, and the two arbitrators first appointed shall appoint a third. The three arbitrators shall then hear and decide the dispute. All fees and expenses for mediation or arbitration shall be borne by the parties equally. However, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence. 2.18 Amendments This Agreement may not be changed, modified, amended or waived except by an amendment signed by both the Parties hereto. To be valid and binding, any such amendment must be approved by the City Council and signed by the City Council's designated signatory and by a duly authorized officer of the Vendor. 2.19 Subsequent Retail Service Provider Agreements In the event the City enters into another agreement of any kind with any other person or entity other than the Vendor for the purpose of providing retail ISP services or retail network services within the City, the material provisions thereof shall be no more favorable or less burdensome to those contained herein, in order that one vendor not be granted an unfair competitive advantage over another. 2.20 Waiver. Neither Party's failure to insist upon strict performance of any provision of this Agreement will be construed as a waiver of any of its rights hereunder. Page 9 2.20 Waiver. Neither Party's failure to insist upon strict performance of any provision of this Agreement will be construed as a waiver of any of its rights hereunder. AGREED TO BETWEEN THE PARTIES on the last date written below. VENDOR. By: CITY OF PORT ANGELES By: ATTEST: EXHIBITS 1 Vendor Technical Proposal 2 Vendor Charge Proposal 3 Non Disclosure Agreement IZI1Sl,\ Ate Page 10 77 Date APPROVED AS TO FORM: City Attorney EXHIBIT 1 VENDOR TECHNICAL PROPOSAL INTENTIONALLY LEFT BLANK Page 11 2.0 Technical Proposal 2.1 Partners Subcontractors: For the purposes of this proposal, OlyPen has partnered with Capacity Provisioning, Inc. to provide Retail ISP services for the City's WMDS project. As described in the confidential section of this proposal, OlyPen would provide Internet service via an existing Fiber VLAN that interconnects the OlyPen NOC in Sequim with the CPI NOC in Port Angeles. This VLAN has been used to provide Internet service to the City I -Net since 2004. OlyPen subcontracts with Pacific Office Equipment (402 E. 8 Street, Port Angeles, WA) for low voltage wiring requirements. 2.2 Geoaraphic Coveraae areas for free Hot Spots. In keeping with the requirements of the RFP, OlyPen has proposed two areas for free wireless hot spot service in Schedule B: (i) downtown in vicinity of Gateway Center, Railroad Avenue and Hollywood Beach; (ii) Race street in vicinity of Jesse Webster Park. However, as an exception to the terms proposed in the RFP OlyPen has proposed opening up the entire geographic area of the network to one contiguous hour of free service per customer per day. Details for this exception are contained in Section 5 (Exceptions). 2.3 Subsidized and Lifeline ISP service. OlyPen has proposed a pricing structure that it believes will benefit both Subsidized and Lifeline services (see Section 3, Charge Proposal). 2.4 Retail ISP Service. OIvPen Service Philosophy. Customer service is the foundation of the OlyPen business model. While most ISP's focus their business on just the Internet connection, OlyPen has built its business on the service that customers expect with their Internet connection. For most ISP's, customer support stops at the point at which they can verify Internet connectivity to the CPE. OlyPen, on the other hand, understands that most Internet users are not network engineers or computer technicians, so they often require assistance beyond the simple plug and play of their modem or other CPE. OlyPen understands that if a customer cannot use their Internet, for whatever reason, they are not a satisfied customer and sometimes their problem may not even be Internet related. With this in mind, OlyPen has built a customer friendly service center that fills the void left by larger service providers interested only in providing a fast Internet connection. Larger service providers shy away from the level service OlyPen offers to its customers because it is a costly endeavor that requires additional supporting personnel. For OlyPen, not providing this level of service is not an option as it is the essential difference between Page 1 Retail ISP Service Proposal OlyPen, Inc OlyPen and the other service providers. For OlyPen, "Service" is what being an Internet Service Provider is about. OlvPen Services. OlyPen currently provides Fiber, DSL, Cable, Dialup, Wireless and fixed line point to -point Internet service in Port Angeles, Sequim, Port Townsend and the unincorporated areas of Clallam Jefferson Counties. Every OlyPen Internet Service account includes: Five (5) email addresses w/ spam filtering; 500MB of web space and personal web page for each email address (e.g. a customer may have up to five free personal web pages)i Free 24/7 technical support: Primary (routine) technical support and customer service is available 8:30 am to 7:00 pm Monday through Friday, and 10:00 am to 3:00 pm on Saturdays. Emergency technical support is available at all other times through OlyPen's 24/7 call center. Free technical support includes Remote Care assistance (limited terms apply). Other services OlyPen provides include, but are not limited to: Website Hosting; Domain Registration; On -Line data storage; On -Line backup service; Server Co- Location; Onsite in shop Computer service repair; PC Remote Care; Network Consulting. Network Service Level Aareement (SLA). A copy of the OlyPen SLA has been included with this proposal. Additional documents such as the OlyPen Terms of Service Agreement (TOS), Acceptable Use Policy (AUP) and Privacy Statement are published online at htto:// startnaee. olvnen .com/customercare /tos.nhn. 2.5 Marketina Strateay. It is well established that point to multi -point wireless Internet service, particularly the 2.4 Ghz band, does not have near the capacity nor the reliability of wired Internet delivery systems such as Cable, Fiber and DSL. Despite very good advancements in technology, wireless 2.4 Ghz Internet service is still subject to degradation in performance during adverse weather and is subject to in -band or Page 2 Retail ISP Service Proposal OlyPen, Inc near band interference. Depending on location, things like trees, rain and interference from adjacent wireless equipment can have a serious impact on wireless signal quality. OlyPen has learned from experience that the topography of the region, the large number of trees and the prevailing weather conditions in and around Port Angeles present serious challenges to the use of the 2.4 Ghz wireless band as a delivery medium for Internet service. Even in very good Line of Sight (LOS) conditions, foliage within the Fresnel zone can degrade performance, particularly during adverse weather. In anything less than perfect conditions, intermittent and irregular occasions of high latency, especially on heavily loaded access points, are given fact when dealing with point to multipoint services in the 2.4 Ghz band. For this reason, 2.4 Ghz wireless Internet service is generally not recommended, even in perfect line -of -sight conditions, for use with Internet VOIP and/or audio or video streaming in areas where other affordable wired services are available. Therefore, affordability, availability of other wired services, bandwidth requirements and latency expectations are key factors in determining the target market for this service. Given the high saturation of Cable, DSL, 3G Wireless (projected to be 4G in the near future) and other services available in the proposed deployment area of the WMDS network and based on OlyPen's extensive experience with the local Internet consumers in Port Angeles, OlyPen deems affordability to be the most significant factor when determining a market plan. OlyPen views the target market for wireless service on the WMDS network as low demand Internet user's who are looking for an affordable alternative to higher capacity Cable DSL services. This will primarily be residential customer's who will not be running VOIP alternatives for phone service, streaming movies or using the service for Internet gaming. The primary market also includes some small business customers with limited Internet usage requirements. With this in mind, based on OlyPen's experience with the current DSL Cable Internet market in Port Angeles, OlyPen has built a price structure that it believes will make the lower Tier proposed wireless Internet products (Tier -1 and Tier -2) highly attractive to the intended market. To make these lower Tier products attractive, OlyPen believes the pricing structure must represent a significant advantage over comparable DSL and Cable services (shown below). DSL service 1.5Mbps /896Kbps $28.00 (unbundled). Cable service 3.0Mbps /512Kbps $39.95 (unbundled). OlyPen believes that the upper level Tier -3 product, while still a very marketable service, will be the lesser preferred option in the three tier wireless service line up where Page 3 Retail ISP Service Proposal OlyPen, Inc customers are looking at affordability over bandwidth and assured latency. OlyPen also believes that a smart marketing strategy will avoid promoting the higher Tier -3 service in anything less than optimum conditions as setting customer expectations and delivering accordingly will be significant factors in developing a "reliable" product reputation. OlyPen's market plan to cover this market in this first 30 -60 days includes but is not limited to: Free 30 day no obligation trial. Newspaper ads in the Peninsula Daily News. Radio Blitz: OlyPen pays for an ad campaign on KONP and in that campaign OlyPen requests to be on the Todd Ort loff radio show. That ad campaign on KONP runs concurrently with print ads. Advertisement through OlyPen's Newsletter (over 14,000 subscribers). Hotspot banners and free hotspot service in the wireless network will serve to advertise monthly subscription service (see Charge Proposal). Offer service discounts to existing service for customers who bundle "portable" wireless service with existing OlyPen Internet services such as Cable and/or DSL. OlyPen's market plan 60 -180 days includes but is not limited to: Free 30 day no obligation trial (continued). Periodic print and radio ads. Door to door sales campaign in targeted coverage areas. Continued advertisement through OlyPen's Newsletter, web page and invoice mailings. Hotspot banners and free hotspot service in the wireless network will serve to advertise monthly subscription service. OlyPen also sees a secondary market for customers looking for a portable service as an addition to their primary Internet service. This market is the laptop (or mobile device) user (sales service professionals, students, tourists and others) who are looking for a readily available and affordable Hotspot to connect with. OlyPen, in partnership with CPI, currently operates pay per use hot spot services at the Port Angeles Marina and Clallam County Fairgrounds. While revenues generated by these hot spot services are relatively minor in comparison to the overall revenues generated by other services, they are significant in that they require the least amount of resource to support and/or promote. Hot spot service customers are generally computer savvy customers in that they know how to find the hot spots and they know how to use them. A well designed and functioning splash page is generally all that is required to promote hot spot service: "If you build it they will come OlyPen believes that the City and the community would benefit from having the proposed WMDS network opened up for pay per use Internet hot spot service throughout Page 4 Retail ISP Service Proposal OlyPen, Inc the entire deployment area. With this in mind, OlyPen has proposed an exception to the Schedule B charge proposal for Retail Internet Service (see Section 5, Exceptions). 2.5.1 Marketina Plan Detail: As requested by the City during negotiation, the following is a more detailed description of OlyPen's intended Marketing Plan: April May (Initial Service Activation Introduction) Todd Ort loff Show Introduction to Metro -Net RSP. PDN News coverage (assuming new management will agree to news coverage in conjunction with advertising). KONP Ad Campaign (30 second ads running 3 times per day every other day). Frequency of ads will vary depending on availability of service as determined by construction progress. PDN Newspaper Insert (up to 10,000 subscribers). PDN currently has an ad program that allow advertiser to strategically target specific areas (e.g. East Port Angeles, West Port Angeles, etc.). OlyPen will take advantage of this system to insert flyers targeting specific wireless service coverage areas. OlyPen Monthly Newsletter Announcement (over 14,000 subscribers Introducing Metro -Net). OlyPen Website Banner Ad. OlyPen Invoice Mailers (approximately 800 /month). Table Tents (flyers see sample) distributed to cooperating local businesses and organizations in Port Angeles (estimate 2000 flyers). Door knockers/hangers in designated neighborhoods (estimating 100 -200 per drive and 1 or 2 drives per month). June (Estimate 60 70% coveraae available start Blitz) D KONP High Impact (10 times each day for 1 week). KONP Ad campaign continues (30 second ads running 3 times per day ever other day). Frequency of ads will vary depending on availability of service as construction completes. PDN Newspaper Insert. PDN New target areas. OlyPen directed email campaign OlyPen Subscribers only (Value -Add Hotspot service for only $4.95 /month). Door knockers/hangers in designated neighborhoods (estimating 100 -200 per drive and 2 to 4 drives). OlyPen Invoice Mailers continue. July October Continuing KONP Radio Ads (estimate 3 times a day every few days). Split testing will determine effectiveness of radio /print ads steering the advertising campaign to most effective means. Page 5 Retail ISP Service Proposal OlyPen, Inc PDN ads, six inch ads running 16 times (or more) over 24 weeks or additional campaign of Inserts depending upon results of split testing from previous ad responses. Customer cold calls selected OlyPen customers promote value add services. Continue with table tents at cooperating businesses in Port Angeles. OlyPen direct customer drive for Value -Add service continues in all forms: Daily calls, invoice mailings, invoice emails, newsletter announcements, etc. Door knockers/hangers in designated neighborhoods (frequency and number to be determined by evaluation of past performance). Marketing Plan Stipulations: Design Construction estimates that some retail service will be available beginning in April; however the majority of retail service coverage may not be available until sometime in June. Therefore, OlyPen anticipates starting with a small scale of advertising in the first month or two and then executing a blitz once a 60 -70% portion of the network is serviceable (estimate June). The plan detailed above attempts meet that model, but the actually frequency and execution of each component and the timing for each may vary depending availability of service in targeted coverage areas (dependent upon the Design Construction progress). Preparation of a complete and detailed plan is somewhat premature in that radio advertising rates programs may change during the over six month period between the time of this drafting and the time of actual service availability. Therefore the detailed plan provided here is a model predicated on today's advertising rates and available plans and is subject to change. However, the intended coverage, emphasis and use of combined radio print media will remain consistent with that described. Throughout the advertising campaign, OlyPen will monitor the success of each advertising venture by the use of split test and other techniques and may increase or decrease specific components of the advertising plan based on the effectiveness of each component. For instance, if OlyPen were to find that newspaper inserts received a 2:1 response over radio ads, OlyPen would scale back radio advertisement and increase newspaper advertisement. Other Marketina Notes: News coverage during the initial phases of launch will help drive interest in the network. Even before network availability, OlyPen will make announcements and begin compiling a list of interested customers to be contacted when service is available. Banner advertisement displayed on the wireless hotspots will promote the service. Page 6 Retail ISP Service Proposal OlyPen, Inc Open access holidays throughout the first 30 days of service, to be followed with banner ads that promote the advantages of subscription service. 2.6 Economic Development. OlyPen believes that this service will promote economic development in a number of areas, not the least of which would be OlyPen and other independent ISP's that would benefit from a new open access network. OlyPen currently has a staff of 14 full time employees. As with all small businesses, OlyPen has felt the impact of the economic down turn, but with smart management has been able to pare down expenses and maintain a vibrant presence thereby avoiding layoffs. Faced with tough competition from larger national regional service providers, OlyPen sees this new opportunity as not only another sustaining product for OlyPen, but for other small ISP as well. The impact of every small business is a significant one in the community. In addition to the direct employment these businesses offer, they themselves purchase a range of services from other businesses both locally and nationally. As an example, here are just a few of the businesses that OlyPen contracts with or otherwise purchases services from: CenturyLink Telephone Internet Service Verizon Telephone Internet Service Northwest Open Access Networks (NoaNet) Capacity Provisioning Incorporated Peninsula Daily News Pacific Office Equipment Stables Office Depot CED Electrical Supplies Additionally, OlyPen believes that Hotspot service will be a minor but noteworthy benefit to tourism as the Port Angeles gateway center becomes more attractive to visitors and tourists. Also see Walled Garden service in Section 5.3 2.7 Business Occupation License. OlyPen does not currently have an occupation license with the City of Port Angeles, but will file for one if successfully awarded this proposal. OlyPen's Network Operations Center (NOC) is located at 315 E. Washington St, Sequim, WA. OlyPen's Customer Service Center is located at 245 E. Washington St, Sequim, WA. Page 7 Retail ISP Service Proposal OlyPen, Inc EXHIBIT 2 VENDOR CHARGE PROPOSAL INTENTIONALLY LEFT BLANK Page 12 3.0 Charge Proposal. 3.1 Schedule B proposal. The charge proposal provided in Schedule B that follows is an Exception to the original RFP (see Section 5 for detail). 3.2 Customer Premise Eauipment (CPE). OlyPen proposes use of the Ubiquiti Networks NanoStation M2 for Customer Premise Equipment (CPE) with respect to Retail Internet Service. However, OlyPen reserves the right to choose comparable alternate CPE equipment, provided that the alternate or substitute equipment selected by the ISP meets FCC requirements and does not degrade overall network performance as determined by the OM &M vendor (see Section 5, Exceptions). 3.3 Non Recurrina Charges. The following Non Recurring charges (NRC) apply to customer installations in accordance with Schedule B for Retail Internet Service. Introductory Installation Charge $49.00. Non Introductory Installation Charge $69.00 Note: Installation charge includes installation of CPE and POE device to a single RJ- 45 Ethernet jack and assistance with setup to single PC; does not include networking additional devices. Additional PC setup and /or networking assistance available at standard services rates of $65.00/hour. Page 6 Retail ISP Service Proposal OlyPen, Inc WIRELESS MOBILE DATA SYSTEM ADDENDUM 1 RETAIL INTERNET SERVICE PROVIDER PROPOSAL SCHEDULE "B" A. Subscriber Service Tier 1 Introductory Offer Downlink 1.5 Mbps Uplink 0.896 Mbps Number of months introductory subscriber service available Estimated number of subscribers at end of introductory offer Total monthly recurring subscriber charge (including revenue sharing) Customer Premises Equipment monthly recurring subscriber charge B. Subscriber Service Tier 2 Introductory Offer Downlink 3 Mbps Uplink 1.0 Mbps I Number of months introductory subscriber service available I Estimated number of subscribers at end of introductory offer I Total monthly recurring subscriber charge (including revenue sharing) I Customer Premises Equipment monthly recurring subscriber charge C. Subscriber Service Tier 3 Introductory Offer 6 Months' 80 -100 I First 30 Days $0.001 First 30 Days $0.001 6 Months' 80 -100 I First 30 Days $0.001 First 30 Days $0.001 Downlink 6 Mbps Uplink 1.2 Mbps I Number of months introductory subscriber service available 6 Months' Estimated number of subscribers at end of introductory offer 60 -70 Total monthly recurring subscriber charge (including revenue sharing) I First 30 Days $0.001 I Customer Premises Equipment monthly recurring subscriber charge 'First 30 Days $0.001 D. Subscriber Service Tier 1 After Introductory Offer Downlink 1.5 Mbps Uplink 0.896 Mbps Number of months pricing available after introductory subscriber service Estimated number of subscribers one year after introductory offer I Total monthly recurring subscriber charge (including revenue sharing) I Customer Premises Equipment monthly recurring subscriber charge Page 7 Retail ISP Service Proposal OlyPen, Inc 12 Months' 150 -180 $17.95 $4.00 WIRELESS MOBILE DATA SYSTEM ADDENDUM 1 RETAIL INTERNET SERVICE PROVIDER PROPOSAL SCHEDULE "B" CONTINUED E. Subscriber Service Tier 2 After Introductory Offer Downlink 3.0 Mbps Uplink 1.00 Mbps I Number of months pricing available after introductory subscriber service I I Estimated number of subscribers one year after introductory offer I I Total monthly recurring subscriber charge (including revenue sharing) I Customer Premises Equipment monthly recurring subscriber charge I F. Subscriber Service Tier 3 After Introductory Offer Downlink 6 Mbps Uplink 1.2 Mbps I Number of months pricing available after introductory subscriber service I I Estimated number of subscribers one year after introductory offer I I Total monthly recurring subscriber charge (including revenue sharing) I Customer Premises Equipment monthly recurring subscriber charge I G. Utility Discount Service Option A (available to approximately 310 City customer receiving Utility Discount) Downlink 1.5 Mbps Uplink 0.896 Mbps I Utility Discount Customers I Approximately 20 I Approximately 120 I Approximately 130 I Approximately 40 Proposed Discount 5% 10% 20% 30% Throughout term of agreement I Customer Premises Equipment monthly recurring subscriber charge I $4.00 Number of months discounts available H. Lifeline Service Option B (available to approximately 310 City customer receiving Utility Discount) Downlink x 1.5 Mbps ❑3 Mbps 04 Mbps 10 Mbps Other: Uplink x 0.256 Mbps 0.512 Mbps 1.5 Mbps 02 Mbps 05 Mbps Other: I Number of months pricing available I I Total monthly recurring subscriber charge (excluding revenue sharing) I I Customer Premises Equipment non recurring subscriber charge I Page 8 Retail ISP Service Proposal OlyPen, Inc 12 Months) 150 -180 I $27.95 I $4.00 I 12 Monthsl 100 -120 I $37.95 I $4.00 n/a n/a n/a WIRELESS MOBILE DATA SYSTEM ADDENDUM 1 RETAIL INTERNET SERVICE PROVIDER PROPOSAL SCHEDULE "B" CONTINUED I. Description of Revenue Sharing Proposal Introduction I Number of months revenue available I 6 Months' I Fixed monthly amount per subscriber ($2.50 Tier 1 Minimum) I First 30 Days $0.00 J. Description of Revenue Sharing Proposal After Introduction Throughout term of Number of months revenue available agreement Fixed monthly amount per subscriber ($5.00 Tier 1 Minimum) I $5.00 K. Free Hot Spots Number of months available I Up to 24 Months' Describe free hot spot geographic coverage areas below (1) One contiguous hour of free service per day per user throughout the entire coverage area. A user is defined by MAC address of authenticating device. Free hot spot service would be a Tier -3 service. (2) Paid hot spot service available throughout the network at the following rates: Daily $5.95, weekly $15.95, monthly $34.95. ISP would pay a revenue share of 25% for all hotspot users. Paid hotspot service would be a Tier -3 service. (3) Value -Add Hotspot service available to any OlyPen and/or OlyPen associate Internet customers for $4.95 per month (includes 25% or $1.25, whichever is greater, as revenue share for City). Attach copies of proposed customer premise equipment. Ubiquiti NanoStation and NanoBridge at end of this section. Attach a copy of the proposed Service Level Agreement for subscribers. OlyPen SLA and TOS provided at end of this section. Internet access services are not subject to City Public Utility Tax. 1. Introductory Installation Charge $49.00. 2. Non Introductory Installation Charge $69.00 Note: Installation charge includes installation of CPE and POE device to a single RJ -45 Ethernet jack and assistance with setup to single PC; does not include networking additional devices. Additional PC setup and /or networking assistance available at standard services rates of $65.00/hour. Page 9 Retail ISP Service Proposal OlyPen, Inc 3.4 Schedule C proposal. OlyPen has submitted a charge proposal for Retail Network Service provider charges in the Schedule C form that follows. 3.5 Customer Premise Eauipment (CPE). OlyPen proposes use of the "Ubiquiti Networks NanoBridge M" for Customer Premise Equipment (CPE) with respect to Retail Network Service. However, OlyPen recommends that ISP's be permitted to choose comparable alternate CPE equipment, provided that the alternate or substitute equipment selected by the ISP meets FCC requirements and does not degrade overall network performance as determined by the OM &M vendor (see Section 5, Exceptions). 3.6 Non Recurrina Charaes. The following Non Recurring charges (NRC) apply to customer installations in accordance with Schedule B for Retail Internet Service. Introductory Installation Charge $69.00. Non Introductory Installation Charge $99.00 Note: Installation charge includes installation of CPE and POE device to a single RJ- 45 Ethernet jack and assistance with setup to single PC; does not include networking additional devices. Additional PC setup and /or networking assistance available at standard services rates of $65.00/hour. Page 10 Retail ISP Service Proposal OlyPen, Inc WIRELESS MOBILE DATA SYSTEM ADDENDUM 1 RETAIL NETWORK SERVICE PROVIDER PROPOSAL SCHEDULE "C" A. Network Service Tier 1 Introductory Offer Network Service Customers VLAN Number of months pricing available Estimated number of subscribers at end of introductory offer Total monthly recurring subscriber charge (including revenue sharing) Customer Premise Equipment non recurring subscriber charge B. Network Service Tier 2 Introductory Offer Network Service Customers VLAN Number of months pricing available Estimated number of subscribers at end of introductory offer Total monthly recurring subscriber charge (including revenue sharing) Customer Premise Equipment non recurring subscriber charge C. Network Service Tier 3 Introductory Offer Network Service Customers VLAN Number of months pricing available Estimated number of subscribers at end of introductory offer Total monthly recurring subscriber charge (including revenue sharing) Customer Premise Equipment non recurring subscriber charge D. Network Service Tier 1 After Introductory Offer Network Service Customers VLAN Number of months pricing available Estimated number of subscribers one year after introductory offer Total monthly recurring subscriber charge (including revenue sharing) Customer Premise Equipment non recurring subscriber charge Page 11 Retail ISP Service Proposal OlyPen, Inc Proposed Discounts 1.5 Mbpsl 6 Months 8 -10 $29.00 $95.00 Proposed Discount 3.0 MbpsI 6 Months' 8 -10 $49.00 $95.00 Proposed Discounts 6.0 MbpsI 6 Months' 8 -10 $69.00 $95.00 I Proposed Discount 1.5 Mbps 12 Months 10 -30 $49.00 $95.00 WIRELESS MOBILE DATA SYSTEM ADDENDUM 1 RETAIL NETWORK SERVICE PROVIDER PROPOSAL SCHEDULE "C" CONTINUED Network Service Customers VLAN Number of months pricing available Estimated number of subscribers one year after introductory offer Total monthly recurring subscriber charge (including revenue sharing) Customer Premise Equipment non recurring subscriber charge Network Service Customers VLAN Number of months pricing available Estimated number of subscribers one year after introductory offer Total monthly recurring subscriber charge (including revenue sharing) Customer Premise Equipment non recurring subscriber charge G. Description of Revenue Sharing Proposal Introduction I Number of months revenue available I 6 Months' I Fixed monthly amount per subscriber ($5.00 Tier 1 Minimum) I $5.00 H. Description of Revenue Sharing Proposal After Introduction Throughout term of agreement Fixed monthly amount per subscriber ($10.00 Tier 1 Minimum) I $10.00 Number of months revenue available E. Network Service Tier 2 After Introductory Offer F. Network Service Tier 3 After Introductory Offer Attach copies of proposed customer premise equipment. Ubiquiti NanoStation and NanoBridge at end of this section. Attach a copy of the proposed Service Level Agreement for subscribers. OlyPen SLA and TOS provided at end of this section. Network services are considered a telecommunications service and the Vendor's gross revenues are subject to a 6.0% City Public Utility Tax in accordance with Chapter 5.80 of the Port Angeles Municipal Code. The total monthly recurring subscriber charges included in Schedule "C" shall include the City Public Utility Tax. Other Charges: 1. Introductory Installation Charge $49.00. 2. Non Introductory Installation Charge $69.00 Page 12 Retail ISP Service Proposal OlyPen, Inc Proposed Discount 3.0 Mbps1 12 Months' 10 -30 $69.00 $95.00 Proposed Discount 6.0 Mbps 12 Months 10 -30 $89.00 $95.00 I EXHIBIT 3 THIS AGREEMENT (Agreement) made and entered into this r ,LO day of 2011, by and between the City of Port Angeles, a municipal corporation (City) and OlyPen, Inc. (Vendor) (collectively Parties). WITNESSETH NON DISCLOSURE AGREEMENT NOW, THEREFORE, in consideration of terms and covenants contained herein, the Parties agree as follows: 1. The Vendor has submitted a Technical Proposal and Charge Proposal to the City in response to the City's request for proposals for Wireless Mobile Data System Retail Service Providers whereby Vendor will perform services for the City, including, but not limited to certain assessments and examination of the City's information systems. 2. As a condition of such request for proposal, Vendor is required to enter into this Non Disclosure Agreement with the City. 3. The Vendor may have access to and become familiar with various confidential information (City Information) regularly used in the operation of the City's business prior to and after the Technical Proposal and Charge Proposal due date. City Information includes, but is not limited to, utility discount customer mailing lists, reports, devices; processes; applications; compilations of information; records; computer system and network security systems; specifications; and financial, accounting, statistical, security and personnel information. Vendor shall not, during or after the request for proposal process disclose any such City Information to any person, directly or indirectly, nor use it in any way, except as required or authorized by the City. 4. City Information is not to be stored on any local workstation, laptop, or media such as CD /DVD, USB drives, external hard drives or other similar portable devices unless Vendor can ensure security for City Information so stored. 5. This Agreement not to disclose City Information and City and third party software and related documentation as set forth in Sections 1 through 4 above shall apply Page 13 during the term of the WMDS Retail Service Provider Agreement and at any time thereafter unless disclosure is specifically authorized by the City in writing. 7. All files, records, documents, drawings, specifications, equipment, software, and similar items relating to the City's business, whether or not prepared by Vendor, shall remain the exclusive property of the City and shall not be removed under any circumstances from the premises where the City's work is being carried on without the prior approval of the City. Vendor shall make no copies of any City Information obtained. All such property shall be returned to the City at the end of the term of the WMDS Retail Service Provider Agreement. Any information given to the Vendor related to City customers must comply with the Federal Trade Commission Red Flags Rules as part of the Fair and Accurate Credit Transactions Act of 2003. 8. Attachment 1 of this Agreement shall be signed by each employee of Vendor prior to his or her access to confidential City Information. 9. If Vendor breaches this Agreement, the City may immediately terminate this Agreement and withdraw Vendor's right to access City Information. 10. Vendor acknowledges that the City will, based upon the representations made in this Agreement, disclose security information that is critical to the continued success of the City's business. Accordingly, Vendor agrees that the City does not have an adequate remedy at law for breach of this Agreement and therefore, the City shall be entitled, as a non exclusive remedy, and in addition to an action for damages, to seek and obtain an injunction or decree of specific performance or any other remedy, from a court of competent jurisdiction to enjoin or remedy any violation of this Agreement. 11. No act of omission or commission of either the City or Vendor, including without limitation, any failure to exercise any right, remedy, or recourse, shall be deemed to be a waiver, release, or modification of the same. Such a waiver, release, or modification is to be effected only through a written modification to this Agreement. 12. This Agreement is to be construed in accordance with the laws of the State of Washington. Venue and jurisdiction for any cause of action or claim asserted by either Party shall be in the Superior Court of Clallam County, Washington. Page 14 IN WITNESS WHEREOF the Parties have executed this Agreement on the date first above written. VENDOR: BY: e1..\1Q\,os L a hHcrA M APPROVED AS TO FO William E. Bloor, Cit Attorney CITY OF PORT ANGELES: 321 E. 5 Street Port Angeles, WA 98362 ATTEST: Jan Page 15 07attak }aka Hurd, City Clerk NON DISCLOSURE AGREEMENT ATTACHMENT 1 As a condition precedent to being made aware of confidential information, I have read the foregoing Agreement and agree to be bound by its terms. Employee Name /Company Employee Signature WASHINGTON SHORT -FORM INDIVIDUAL ACKNOWLEDGMENT IRCW 42.44.100) V 4� '£T �3RSi Id. T] AfS.` Mla�:[ SeltiesiL�' f. 5i] S. 1r�` L11.) YK�].'. N�1Y.: 1Ya' L' L State of Washington County of I certify that I know or have satisfactory evidence that Place Notary Seal Above OPTIONAL Although the information in this section 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: SS. Name of Signer is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his /her free and voluntary act for the uses and purposes mentioned in the instrument. Dated: My appointment expires Month Day/Year Signature of Notarizing Officer Title (Such as "Notary Public Month /Day/Year of Appointment Expiration Right Thumbprint of Signer Top of thumb here ©1999 National Notary Association 9350 De Soto Ave PO. Box 2402 Chatsworth, CA 91313 -2402 www.nationainotary.org Item No. 5906 Reorder. Call Toll -Free 1-800-876-6827 NON DISCLOSURE AGREEMENT ATTACHMENT 1 As a condition precedent to being made aware of confidential information, I have read the foregoing Agreement and agree to be bound by its terms. Employee Name /Company Employee Signature i WASHINGTON SHORT -FORM INDIVIDUAL ACKNOWLEDGMENT IRCW42.44.100) hca =xw cw�c cR cw: c4 h Svc FCie�aFe�rec .rzc�acrvcyryc�ClcvvF«s:�:o�re env��,e ..c¢FT...�: State of Washington County of e C L i I Q rn Notary Public State of Washington A BELINDA DOVE MY COMMISSION EXPIRES November 6 2014 Description of Attached Document SS. I certify that I know or have satisfactory evidence that 00 11 r-1 Q t 1 F Name of Signer is the person who appeared before me, and said OPTIONAL Although the information in this section 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 Signer(s) Other Than Named Above. 7liw),(\ 1 it t person acknowledged that he /she signed this instrument and acknowledged it to be his /her free and voluntary act for the uses and purposes mentioned in the instrument. Dated. D LL Month/Day/Yea My appointment expires Signature of Notarizing Officer k) t (1 n,u Title (SSi ch as ''Notary Public 11 U 0 (A f a O 1 1-, P-C_WhNe ('f1 Title or Type of Document: i\t6A1- owe `(ICf� V rt� Document Date: r Number of Pages: `J Place Notary Seal Above I Month /Day/Year of Appointment Expiration Right Thumbprint of Signer Top of thumb here 1999 National Notary Association 9350 De Soto Ave., P.O Box 2402 Chatsworth, CA 91313 -2402 www nationainotary org Item No 5906 Reorder Call Toll -Free 1 -800- 876 -6827 WASHINGTON SHORT -FORM INDIVIDUAL ACKNOWLEDGMENT (HCW4244.100) ..f2� <a����Qa�.w =.va vbl- .b��.6 .t<a dw:. az�.y�Sa�?�A.e �<.�a s. �raSer ..�Jrrh�!.r�,1...c�.rtitw. .L�.�..vi trn-4R!^c�.C�. ri%7ava.CS.it..c'�i..� I State of Washington �1 County of �1kLL—+T I certify that I know or have satisfactory evidence that �1gSD r k/ Name of Signer is the person who appeared before me, and said person acknowledged that he /she signed this instrument and acknowledged it to be his /her free Notary Public State of Washington A BELINDA DOVE MY COMMISSION EXPIRES November 6 2014 Description of Attached Document Document Date: SS. and voluntary act for the uses and mentioned in the instrument. Dated: t)ete ynile,(' r DICIO Month/Day/Year Signature of Notarizing Officer I r P x b l, TN (Such as "Notary Public") My appointment expires "Loco ao ►t- Place Notary Seal Above Mo h/Day/Year of Appointment Expiration RP_TIONAL Although the information in this section 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. Title or Type of Document: j t 7+ &r\ srt e evv.0 ri Number of Pages Signer(s) Other Than Named Above: .lo fir. purposes Right Thumbprint of Signer Top of thumb here L�Cr� rv� a�4?� v� w�c,�v�4:t5 ^�v_� �:�f: =vim v�.ici�{:'� -wear s `t LAC >4 C�c* 1999 National Notary Association 9350 De Soto Ave., P O. Box 2402 Chatsworth, CA 91313 -2402 www.nationalnotary org Item No. 5906 Reorder. Call Toll -Free 1- 800 876 -6827