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HomeMy WebLinkAboutContracts & Agreements_117-2022AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the provision of street sweeping services ("Agreement") is made and entered in this 21 st day of June, 2022 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Green Earth Environmental Cleaning Solutions ("Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows. ARTICLE 1— ENGAGEMENT OF CONTRACTOR 1 1 City hereby engages Contractor to perform street sweeping services for City (the "Services"). The Services that Contractor shall perform are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by this reference 1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services. ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR 2.1 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all applicable Labor Code and prevailing wage laws and non-discrimination laws, including the Americans with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Services are on file at City's Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P 0 Box 3005), Redlands, California 92373 2.2 Contractor acknowledges that if rt violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Labor Code section 17716. 2.3 If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with Labor Code sections 1775 and 1777 7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771,1775, 1776, 1777.5, 1813 and 1815 Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813 2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection. 2.5 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to 1 \\files\SharedLegal\ca\Agreements\Green Earth Environmental Agreement.NPS-2.2.FY21-0149.docx.jn Labor Code section 1810 2.6 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815 2.7 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.0 section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, goods or materials pursuant to this Agreement. ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services. 3.2 City designates Chris Boatman, Assistant City Manager, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 — PERFORMANCE OF SERVICES 4 1 The Services shall commence as of the Effective Date of this Agreement. Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A," which is attached hereto and incorporated herein by this reference. 4.2 The term of this Agreement shall be for a period of three (3) years from the Effective Date of this Agreement (the "Initial Term") The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one-year terms (each, an `Extended Term"), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the "Term" of this Agreement. 4.3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit "B," which is attached hereto and incorporated herein by this reference, m an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement. ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 The compensation for Contractor's performance of the Services shall not exceed the amount of One Million Twenty Thousand Six Hundred Dollars ($1,020,600) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor's performance for the Services shall not exceed the amount of Three Hundred Forty Thousand Two Hundred Dollars ($340,200) for the first Extended 2 \\ files \SharedLegal\ca\Agreements\Green Earth Environmental Agreement.NPS-2.2.FY21-0149.docx,jn Term, and Three Hundred Forty Thousand Two Hundred Dollars ($340,200) for the second Extended Term, bringing the total possible amount of compensation to a not -to - exceed amount of One Million Seven Hundred and One Thousand Dollars ($1,701,000). For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not -to -exceed amount in accordance with the rates specified in Exhibit "C," titled "Price and Fee Schedule," which is attached hereto and incorporated herein by reference. 5.2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month. Contractor's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice. 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person, (ii) five (5) days after deposit in first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section. CITY City Clerk City of Redlands 35 Cajon Street P 0 Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org (909) 798-7531 CONTRACTOR Nsoah Abu-Rasool Green Earth Env Cleaning Solutions 7231 Boulder Ave, STE 290 Highland, CA 92346 sweepers@greenearthecs.com 909-890-7470 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6 1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City A. Workers' Compensation and Employer's Liability insurance m the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self -insured or exempt from the workers' compensation laws of 3 \\files\SharedLegal\ca\Agreements\Green Earth Environmental Agreement.NPS-2.2.FY21-0149.doex jn the State of California. Contractor shall execute and provide City with Exhibit "D" titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services. B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City C Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self- insurance maintained by City 6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses and liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any neghgent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services. ARTICLE 7 — CONFLICTS OF INTEREST 7 1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor's Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor A. Does not make a governmental decision whether to (i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item, (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof. 4 \\files\SharedLegal\ca\Agreements\Green Earth Environmental Agreement.NPS-2.2.FY21-0149.docx jn B Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8 — GENERAL CONSIDERATIONS 8 1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in- house counsel by a Party 8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement. 8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation. 8 4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Contractor of City's intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (i) no amount shall be allowed for anticipated profit or unperformed Services, and (ii) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination. 5 \\files\SharedLegal\ca\Agreements\Green Earth Environmental Agreement.NPS-2.2.FY21-0149.docx.jn 8 5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Contractor 8 6 This Agreement, mcludmg the Exhibits incorporated herein by reference, represents the entire agreement and understandmg between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor 8 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions The Parties agree that all actions or proceedings ansmg in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California 8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared mvand, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement CITY OF REDLANDS Paul-T. Barich, Mayor ATTEST e Donaldson, City Clerk GREEN EARTH ENVIRONMENTAL CLEANING SOLUTIONS By Nsoah Abu-Rasool 6 \\files\SharedLegal\ca\Agreements\Green Earth Environmental Agreement.NPS-2.2.FY2I-0149.docx.jn EXHIBIT "A" SCOPE OF SERVICES Perform Street Sweeping Services that includes, but is not limited to 1 Contractor shall furnish, at its own expense, all labor, equipment and materials necessary for the satisfactory performance of the street sweeping. 2. Contractor shall ensure that all locations are cleaned and/or swept free of all trash, dirt and debris. Locations that are inaccessible to a sweeping machine, must be cleaned out by hand or other means. For example, corners or tight cul-de-sacs should be swept out by hand broom or blower and collected for disposal. After sweeping, curbs and gutter shall be left in a clean condition (free from residue). 3 For locations that cannot be directly cleaned with a sweeping machine (i.e. parked car with debris behind it), Contractor shall use a blower to clean off the identified infrastructure and then collect and dispose of the debris, or other cleaning methods as approved by the authorized City representative. 4 Contractor shall immediately notify and report to the authorized City representative the existence of large debris or illegal dumping that cannot be cleaned and disposed of as outlined in this Scope of Services. 5 Contractor shall make as many passes as are necessary to leave the streets in clean condition. 6 Contractor shall maintain a log that indicates dates, times, streets and miles swept. The log shall be available for the inspection by the Facilities & Community Services Director or his designee. 7 Holidays. Sweeping Services shall be provided on all holidays that the City provides refuse/recycle services. 8 Hours. Sweeping operations shall be conducted during hours that increase the benefit of the program. Residential shall be swept between 7 a.m. and 5 p.m. Commercial and Industrial areas shall be swept between the hours of 6.00 a.m. and 5.00 p.m. and downtown area shall be swept between the hours of 3.00 a.m. and 6.00 a.m. 9 Delays in Sweeping: Regular Sweeping shall not be required in the event of inclement weather 10 Equipment: Sweeping shall be conducted by either mechanical broom sweeper, vacuum sweeper or combination sweepers. Mechanical broom sweepers may be approved by the City for certain heavy sweeping areas. 11 All sweepers utilized in this contract must be alternative fuel vehicles, fueled by compressed natural gas (L/CNG) or propane and comply with all Federal, State and Local regulations pertaining to sweeper equipment operation including, but not limited to, SCAQMD Rule 1186 1 The Bidder shall also provide all necessary operational information and data that may be required to complete the reporting requirements of any legally established regulatory agency 12. City may sell L/CNG fuel to Contractor 7 \\tfiles\SharedLegal\ca\Agreements\Green Earth Environmental Agreement.NPS-2.2.FY21-0149.docx.jn 13 All sweepers shall be equipped to work with both recyclable and domestic (potable) water, the use of recycled water shall be priority while performing daily operations. Contractor shall meet all Federal, State and local regulations, including, but not limited to SCAQMD Rule 1186.1 14 Contractor shall have and maintain a minimum of three sweepers. Two (2) primary alternative fuel sweepers and one (1) back-up alternative sweeper for use in providing the services to the City 15 In the event that a sweeper requires repair or replacement, a replacement sweeper will be provided so that the established inventory does not fall below the above stated requirements. The selected vendor shall maintain the sweepers in good, clean, working condition. Any of the primary sweepers needing to be permanently replaced due to age and condition of the vehicles shall be replaced with a new vehicle. 16 Global Positioning System (GPS) Tracking: Contractor, at its own expense will ensure that all primary street sweepers have a GPS installed that will enable the City to view via internet where the sweepers are at all times. T GPS system shall be capable of the following: a. The system shall be internet based and City shall be provided a minimum of two (2) accounts with have full access to the site. b The system shall be capable of gathering and reporting the following real time data. i. Speed, direction, location on a map, address, distance traveled, brooms up or down, water on or off. ii. The sweepers' path of travel superimposed on a map c. Generating an email alert whenever sweeper speeds exceed 6 mph or sweeper non - movement for periods in excess of one hour d. Generating daily reports of sweeper activity including the previously required elements. e. Maintaining the data for a period of 90-days, after which data will be downloaded to the City for storage. f. Two way voice or text messaging communication between the City and the individual sweepers shall be available. GPS system must be up and running within 30 days of the Effective Date of the Agreement. 17 Response to complaints. Contractor shall respond within 24 hours to requests or complaints called in from the Department. Contractor shall investigate any complaints that may concern or involve the performance of the Street Sweeping Services. Contractor shall report to the Facilities & Community Services Director or their designee, on the following working day, as to the action or procedure taken with reference to any complaints. 18. Disposal of Sweeping: Contractor shall utilize the County landfill to dispose of debris and trash or other designated disposal site that accepts debris and trash from a street sweeper 19 Water. Contractor shall obtain a portable water meter from the City's Utilities Customer Service Division, and shall obtain and pay separately for all water necessary for street sweeping services. The City will not provide water for this contract. g. 8 \\files\SharedLegal\ca\Agreements\Green Earth Environmental Agreement.NPS-2.2.FY21-0149.docx.jn 20 Speed Limit of Sweepers. Sweepers shall not operate above 5 miles per hour, especially around curbs and bends, or optimal maximum speed as specified by the manufacturer for optimum sweeping. 21 Record Keeping: Contractor shall provide the following records. a. Maintain a daily log detailing mileage and cubic yards/tons of materials collected. b Submit to City a monthly report which summarizes curb mileage for residential, commercial and industrial disposal. c. Provide a report that specifies number and nature of complaints received when they were responded to and how they were resolved. d. Provide a report that contains lists of trees, vegetation, inoperative motor vehicles, and any other obstructions which impede sweeping. e Contractor shall also provide all necessary operational information and data that may be required to complete the reporting requirements of any legally established regulatory agency 22. Contractor may, from time to time, be required to attend a quarterly meeting at which monthly reports, complaint logs and other documentation will be reviewed and discussed. 23 Licenses. Contractor shall obtain a current City of Redlands business license prior to commencement of services. 24 Event of Default/Liquated Damages. Failure of Contractor to complete the work in accordance with the agreement and specifications will result in damages being sustained by the City Such damages are, and will continue to be, impractical and extremely difficult to determine. The following are events of default that shall be cause for liquidated damages. a. Operation of sweeper without using sufficient water to control dust. b Operation of sweeper exceeding the stated speed limits for operation. c. Missing scheduled sweeping days without providing prior notice to the Facilities and Community Services Director or their designee (excluding inclement weather). d. Poor results — i.e. dirt left behind. e. Any failure or refusal by Contractor to perform in accordance with the terms of the agreement. 25. When observed violating the foregoing on the first occurrence, Contractor will be notified in writing by City Contractor shall respond within five (5) business days with a written plan stating how compliance will be corrected. If Contractor violates the same specifications a second time within a 30-day period, the City shall have the right to withhold payment of $300 00 from the subsequent invoice following the month the violation occurred or went unresolved. 9 \\files\SharedLegal\ca\Agreements\Green Earth Environmental Agreement.NPS-2.2,FY21-0149.docx.jn EXHIBIT "C" PRICE AND FEE SCHEDULE Prices noted below include all applicable sales, State, Federal and any other special taxes, patent rights or royalties. A. SCHEDULED WORK ITEM NO ITEM DESCRIPTION UNIT OF MEASURE (MILES) NUMBER OF SWEEPS PER YEAR UNIT PRICE PER SWEEP Al Downtown area 2082 156 $129 50 A2 1st & 3rd Monday 1,837 24 $750 00 A3 1st & 3rd Tuesday 1234 24 $605 00 A4 1st & 3rd Wednesday 1027 24 $605 00 A5 1st & 3rd Thursday 1218 24 $605 00 A6 1st & 3rd Friday 1272 24 $605.00 A7 2nd & 4th Monday 1685 24 $750 00 A8 2nd & 4th Tuesday 1390 24 $700 00 A9 2nd & 4th Wednesday 1262 24 $605 00 A10 2nd & 4th Thursday 1950 24 $750 00 All 2nd & 4th Friday 1035 24 $605.00 13 \\files\SharedLegal\ca\Agreements\Green Earth Environmental AgreementNPS-2.2.FY21-0149.docx.jn B. PARKS AND OTHER REQUIRED AREAS ITEM NO LOCATION SERVICE INTERVAL SQ. FT SWEEPS PER YEAR UNIT PRICE PER SWEEP B1 Brookside Park 3RD FRIDAY 24,890 12 $450 00 B2 City Corp Yard 1ST & 3RD WEDNESDAY 375,558 ' 24 $1,000 00 B3 Civic Center Parking Lot (above parking lot) 2ND THURSDAY 14,792 12 $171 00 B4 Community Park 3RD FRIDAY 30,707 12 $585 00 B5 Crafton Park 3RD FRIDAY 10,531 12 $171 00 B6 Downtown Parking Structure (above parking lot) 2ND THURSDAY 34,529 12 $585.00 B7 Ford Park 4TH THURSDAY 31,533 12 $585 00 B8 Hillside Memorial Park 2ND &4TH WEDNESDAY 370,025 24 $1 ,000 00 B9 Joslyn Senior Center 4TH THURSDAY 20,538 12 $450 00 B10 Oakmont Park 2ND THURSDAY 8,080 12 $121 83 B11 Prospect Park 2ND THURSDAY 28,422 12 $450 00 B12 Redlands Airport Parking 4TH THURSDAY 13,600 12 $171 00 B13 Airport interior 1st TUESDAY 1,315,862 12 $2,250 00 B14 Sports Park 1ST FRIDAY 219,500 12 $1,000 00 B15 Sylvan Park 3RD FRIDAY 24,243 12 $450 00 B16 The Door Fellowship Church EVERY FRIDAY 23,109 48 $450 00 14 \\files\SharedL,egal\ca\Agreements\Green Earth Environmental AgreementNPS-2.2.FY21-0149.docx jn C. EXTRA WORK AS NEEDED ITEM NO ITEM DESCRIPTION UNIT EST ANNUAL QTY UNIT PRICE C1 EXTRA WORK (ex: storm clean up, construction clean up). Hour 40 $50 00 D. EXTRA WORK AS NEEDED ITEM NO ITEM DESCRIPTION UNIT EST ANNUAL QTY UNIT PRICE D1 Street Sweeper and Street Sweeper Operator Rental Mile 120 $10 00 15 \\files\SharedLegal\ca\Agreements\Green Earth Environmental Agreement.NPS-2.2.FY21-0149.doex.jn EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation by one or more insurers duly authorized to wnte compensation insurance in this State (b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furmshmg proof satisfactory to the Director of Industrial Relations of ability to self-msure and to pay any compensation that may become due to his or her employees CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code § 1861) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct GREEN EARTH ENVIRONMENTAL CLEANING SOLUTIONS By Nasoh Abu-Rasool Date 6 / /tzz 16 \\files\SharedLegal\ca\Agreements\Green Earth Environmental Agreement.NPS-2.2.FY21 0149.docx.jn Bond No 024252843 Premium $8,505 00 FAITHFUL PERFORMANCE BOND BD-8.2 Whereas, the City of Redlands ("City"), State of California, and Developer, a limited partnership, limited liability corp., etc, (hereinafter designated as "Principal") have entered into an agreement dated June 21, 2022 ("Agreement), which is hereby referred to and made a part hereof whereby Principal agrees to install and complete certain designated public improvements (the "Work") for , and Street Sweeping Services. Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to furnish a good and sufficient Faithful Performance bond with the City for the faithful performance of the Agreement; Now, therefore, we, Principal and the undersigned, The Ohio Casualty Insurance Company, as corporate Surety, are held and firmly bound unto the City in the penal sum of Three Hundred Forty Thousand Two Hundred and 00/100 ($340,200 00) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered. As a condition precedent to the satisfactory completion of the Agreement, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the Work by the City, during which time if Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of Principal remains. Whenever Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly 1 https://stmooreinsurance-my. sharepoint. com/personal/tonja_stmooreinsurance_com/Documents/Desktop/ATTACHMENTS/GREEN EARTH/Faithful Performance Bond.BD-8.2.doc BD-8.2 remedy the default, or shall promptly, at the City's option. 1 Complete the Agreement in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above The term "balance of the Agreement price," as used in this paragraph, shall mean the total amount payable to Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to Principal. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by Principal. Surety shall not utilize Principal in completing the Work nor shall Surety accept a bid from Principal for completion of the Work if the City, when declaring Principal in default, notifies Surety of the City's objection to Principal's further participation in the completion of the Work. No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City Any suit under this bond must be instituted within the applicable statute of limitations period. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the Work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the Work or to the specifications. No final settlement between the City and Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum. 2 https://stmooreinsurance-my. sharepoint.com/personal/tonj a_stmooreinsurance_com/Documents/Desktop/ATTACHMENTS/GREEN EARTH/Faithful Performance Bond.BD-8.2.doc In witness whereof, this instrument has been duly executed by Principal and Surety above named, on June 27, , 2022. Green Earth Environmental Cleaning Solutions (SEAL) Developer (Principal) (Signature) Nsoa J Abu-Rasool, President The Ohio Casualty Insurance Company BD-8,2 (SEAL) ) Tonja C. Dishmon, Attorney in Fact Address. 1150 Brookside Ave., Suite Q Redlands, CA 92373 (Seal and Notarial Acknowledgment of Telephone (909 ) 793-2151 Surety) 3 https://stmooreinsurance-my.sharepoint, com/personal/tonj a_stmooreinsurance_com/Documents/Desktop/ATTACHMENTS/GREEN EARTH/Faithful Performance Bond.BD-8.2.doc N ca c m —D 0) O a) O CU -O N N O aj O c CO a)N o) 2 Ec om 112 v cd c o� Zco Liberty Mutual© SURETY This Power of Attorney limits the acts of those named herein and they have no authority to bind the Company except in the manner and to the extent herein stated Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No 8208210 971988 KNOWN ALL PERSONS BY THESE PRESENTS That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth does hereby name, constitute and appoint, Alissa Lehman Amanda Johnson Christopher J Moore Helena E Orosco, Janet Madriles; Jessica Ann Romero, Jessica Santos, Kristen Kammeyer Knstina Mendoza, Melissa S Kienzle, Tamara M. Lentz, Tonja C Dishmon all of the city of Redlands state of CA each individually if there be more than one named, its true and lawful attorney -in fact to make execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 24th day of June , 2022 By State of PENNSYLVANIA County of MONTGOMERY ss On this 24th day of June , 2022 before me personally appeared David M Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West Amencan Insurance Company and that he as such being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company Commonwealth of Pennsylvania Notary Seal Teresa Pastella, Notary Public Montgomery County My commission expires March 28, 2025 Commission number 1126044 Member Pennsylvania Association or Notaries By David M Carey, Assistant Secretary eresaip_Ad Ltd& Pes�elle NotaryPublic Pastella Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows. ARTICLE IV — OFFICERS Section 12 Power of Attorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board the Chairman the President or by the officer or officers granting such power or authority ARTICLE XIII — Execution of Contracts Section 5 Surety Bonds and Undertakings Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings bonds, recognizances and other surety obligations. Such attomeys-In-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so executed such instruments shall be as binding as if signed by the president and attested by the secretary Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey Assistant Secretary to appoint such attorneys -in fact as may be necessary to act on behalf of the Company to make execute, seal, acknowledge and deliver as surety any and all undertakings, bonds recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds shall be valid and binding upon the Company with the same force and effect as though manually affixed I, Renee C Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company Liberty Mutual Insurance Company and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies is in full force and effect and has not been revoked IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seals of said Companies this 27th day of June , 2022 By s Renee C Llewellyn, Assistant Secretary � U _ Ws is .c cE oU 4:11 Q= a0 >— ac 0 O o < O o O CVNC9 0 M a°i) ao cC.0 = 6 cm �R 0 LL o. LMS-12873 LMIC OCIC WAIC Multi Co 02/21 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document State of California County of San Bernardino On June 27th, 2022 Date personally appeared before me, Kristen Kammeyer, Notary Public Here Insert Name and Title of the Officer Tonja C Dishmon Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the Instrument KRISTEN KAMMEYER Notary Public California San Bernardino County Commission # 2341169 My Comm Expires Jan 12, 2025 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature OPTIONAL Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other Signer is Representing Signer s Name O Corporate Officer — ❑ Partner — 0 Limite ❑ Individual O Trustee ❑ Other Title(s) d 0 General ❑ Attorney in Fact ❑ Guardian or Conservator Signer is Representing ©2018 National Notary Association CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document State of California County of San Bernardino On June 27th, 2022 Date before me, Kristen Kammeyer, Notary Public Here Insert Name and Title of the Officer personally appeared Nsoah Aburasool Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument KRISTEN KAANEYER Notary Public California San Bernardino County Commission it 2341169 t)25 My Comm. Expires Jan 12, Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature OPTIONAL Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name Signer's Name ❑ Corporate Officer — Title(s) 0 Corporate Officer — Title(s) ❑ Partner — 0 Limited 0 General 0 Partner — ❑ Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator O Other 0 Other Signer is Representing Signer is Representing ©2018 National Notary Association Bond No 024252843 Premium Included in Performance Bond BD-8 1 LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands ("City"), State of California, and Green Earth Environmental Cleaning Solutions, Developer, a limited partnership, limited liability corp , etc, (hereinafter designated as "Principal") have entered into an agreement dated June 21, 2022 ("Agreement"), which is hereby referred to and made a part hereof whereby Principal agrees to install and complete certain designated public improvements ("Work") for Describe the attachment(s), and Street Sweeping Services, Whereas, under the terms of the Agreement, Principal is required, before commencing the performance of the Work, to file a good and sufficient Labor and Material bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California, Now, therefore, Principal and the undersigned, The Ohio Casualty Insurance Company, as Surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men, and other persons employed in the performance of the Agreement and referred to in the aforesaid Civil Code the sum of Three Hundred Forty Thousand Two Hundred Dollars and 00/100 ($340,200 00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to the Work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. 1 https://stmooreinsurance-my.sharepoint.com/personal/tonj a_stmooreinsurance_com/Documents/Desktop/ATTACHMENTS/GREEN EARTH/Labor and Material Bond.BD-8.1.doc BD-8.1 In witness whereof, this instrument has been duly executed by Principal and Surety above named, on June 27 , 2022. Green Earth Environmental Cleaning Solutions (SEAL) Developer (Principal) (Signature) Nsoah Abu-Rasool, President (Seal and Notarial Acknowledgment of Surety) (SEAL) The Ohio Casualty Insurance Company (Surety BY (Signature Dish A onja Address 1150 Brookside Ave. Suite Q n, Attorney in Fact Redlands, CA 92373 Telephone(909 ) 793-2151 2 https://stmooreinsurance-my sharepoint.com/personal/tonj a_stmooreinsurance_com/Documents/Desktop/ATTACHMENTS/GREEN EARTH/Labor and Material Bond.BD-8.1.doc Liberty Mutual© SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No 8208210 971988 KNOWN ALL PERSONS BY THESE PRESENTS That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authonty herein set forth does hereby name constitute and appoint, Alissa Lehman; Amanda Johnson, Christopher J Moore, Helena E Orosco, Janet Madriles, Jessica Ann Romero, Jessica Santos, Kasten Kammeyer Kristina Mendoza Melissa S Kienzle Tamara M Lentz Tonja C Dishmon all of the city of Redlands state of CA each individually if there be more than one named, its true and lawful attorney -in fact to make execute seal acknowledge and deliver for and on its behalf as surety and as its act and deed any and all undertakings bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 24th day of June , 2022 By State of PENNSYLVANIA County of MONTGOMERY ss Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company David M Carey, Assistant Secretary On this 24th day of June , 2022 before me personally appeared David M Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company The Ohio Casualty Company and West American Insurance Company and that he, as such being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written Commonwealth of Pennsylvania Notary Seal Teresa Pastella Notary Public Montgomery County My commission expires March 28 2025 Commission number 1128044 Member, Pennsylvania Association of Notaries By ereee Pastella Notary Public eresa Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows ARTICLE IV — OFFICERS Section 12 Power of Attorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed such instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attorney -in fact under the provisions of this article may be revoked at any time by the Board the Chairman the President or by the officer or officers granting such power or authority ARTICLE XIII — Execution of Contracts Section 5 Surety Bonds and Undertakings Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so executed such instruments shall be as binding as if signed by the president and attested by the secretary Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company authorizes David M Carey Assistant Secretary to appoint such attorneys -in fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds shall be valid and binding upon the Company with the same force and effect as though manually affixed I Renee C. Llewellyn the undersigned, Assistant Secretary The Ohio Casualty Insurance Company Liberty Mutual Insurance Company and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies is in full force and effect and has not been revoked IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 27th day of June , 2022 By Renee C Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/21 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document State of California County of San Bernardino On June 27th, 2022 Date personally appeared } before me, Kristen Kammeyer, Notary Public Here Insert Name and Title of the Officer Tonja C Dishmon Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument KRISTEN KAMMEYER Notary Public California San Bernardino County Commission It 2341169 My Comm Expires Jan 12, 2025 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal o , Signature OPTIONAL Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Corporate Officer — Title(s) 0 Corporate Officer — Title(s) ❑ Partner — 0 Limited 0 General 0 Partner — 0 Limited ❑ General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other 0 Other Signer is Representing Signer is Representing ©2018 National Notary Association CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of San Bernardino } On June 27th, 2022 before me, Kristen Kammeyer, Notary Public Date Here Insert Name and Title of the Officer personally appeared Nsoah Aburasool Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KRISTEN Public California Notary San Bernardino County Commission # 234116 2 My Comm. Expires Jan 12,025 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature OPTIONAL Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other Signer is Representing Signer's Name 0 Corporate Officer — Title(s) ❑ Partner — 0 Limited ❑ Individual ❑ Trustee ❑ Other ❑ General ❑ Attorney in Fact ❑ Guardian or Conservator Signer is Representing ©2018 National Notary Association