HomeMy WebLinkAboutContracts & Agreements_114A-2016 AGREEMENT FOR NON-PROFESSIONAL SERVICES
This agree€nent for the provision of wireless local area network for the Department of
Innovation and Technology ("A&,rcement") is €rade and entered into this 7"' day of June, 2016
("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and
NIC Partners Inc. ("Contractor"). City and Contractor are sometimes individually referred to
herein as a"Party" and, together, as the "Parties."
In consideration of the €nUtual promises contained herein, City and Contractor agree as
follows:
ARTICLE 1 - ENGAGEMENT OF CONTRACTOR
1.1 City hereby retains Contractor to perform wireless local area network enhancement
services for locations specified by City's Department of Innovation and Technology (the
"Services").
1.2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses
required for the performance of the Services, and shall not be debarred pursuant to Labor
Code sections 1777.1 and 1777.7.
ARTICLE 2 - RESPONSIBILITIES OF CONTRACTOR
2.1 The specific Services which Contractor shall perform are more particularly described in
Exhibit "A," which is attached hereto and incorporated herein by this reference.
2.2 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, and 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 deeded to perform 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.O. Box 3005), Redlands, California
92373.
2.3 Contractor acknowledges that if it 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 1771.6.
2.4 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.
2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section
1776 regarding payroll records maintenance, certifications, retention and inspection.
2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to
Labor Code section 1810.
2.7 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.
2.8 Contractor shall guarantee the Services against defective materials or workmanship for a
period of (1) year from the date of City's issuance of a Notice of Completion for the
Services, except where longer warranty periods are specifically provided by manufacturer of
equipment installed in connection with the provision of the Services. During the (1) one
year warranty period, should Contractor fail to remedy defective material and/or
workmanship, or to make replacements within five(5) days after written notice by City, it is
agreed that City may make such repairs and replacement and the actual cost of the required
labor and materials shall be chargeable to and payable by Contractor or his surety.
All work which has been rejected by City, shall be remedied, or removed and replaced by
the Contractor at its own expense. Any defective material or workmanship which may be
discovered before final acceptance of the Services or within (1) one year from the
completion date specified in the Notice of Completion, shall be corrected inunediately by
Contractor at its own expense notwithstanding that such defects may have been overlooked
in previous inspections and estimates. Failure to inspect work at any stage shall not relieve
the Contractor from any obligation to perform sound and reliable work as herein described.
It is Contractor's responsibility to deliver at the time of final acceptance a completed project
that complies in all details with this Agreement,
City will endeavor to locate any errors or defective materials or workmanship and call them
to the attention of Contractor prior to subsequent work being perfonned. However, City is
under no obligation to do so and shall not be held liable because errors or defective material
or workmanship by Contractor are not discovered prior to subsequent work.
Nothing in this section shall be construed to liinit the rights of City to immediately correct
conditions which may be unsafe or which may pose a public health nuisance. Should said
conditions later be found to be caused by defective material and/or workmanship, Contractor
and its surety shall reimburse City for costs reasonably incurred while attending the
situation.
2.9 Contractor shall file a payment bond with City, prior to commencing the Services, in
accordance with Civil Code Section 9550. The form of the payment bond shall be as set
forth in Exhibit`B"attached hereto.
ARTICLE 3 - PERIOD OF SERVICE
3.1 Contractor shall commence the Services upon City's delivery to Contractor of a written
"Notice to Proceed."
3.2 Contractor shall complete the Services within sixty (60) calendar days from and after the
date of the City's issuance to Contractor of the Notice to Proceed.
ARTICLE 4 - PAYMENT AND NOTICE
4.1 City shall pay Contractor the sr_irn of Twenty Nine Thousand Five Hundred Six Dollars
and Nine Cents (S29,506.09) as complete compensation for the Services.
=I.2 Payments by City to Contractor shall be made within thirty (30) Clays after City's receipt
and approval of Contractor's invoice, by warrant payable to Contractor.
4.3 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 ovemigI t
courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent
contemporaneously by first class, certified, registered or express mail; in each case
properly posted and Rilly prepaid to the appropriate address set forth below, or such other
address as a Party may provide notice in accordance with this section:
City: Contractor:
Danielle Garcia Nil Radadia
Department of Innovation and Technology NIC Partners Inc.
City of Redlands 11981 Jack Benny Dr. #103
35 Cajon Street, Suite 222 Rancho Cucamonga, CA 91739
P.O. Box 3005 (mailing)
Redlands, CA 92373
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5.1 All insurance required by this Agreement shall be maintained by Contractor throughout
Contractor's performance of the Services, and shall be primary with respect to City and
non-contributing to any insurance or self-insurance maintained by City.
5.2 Workers' Compensation and Employer's Liability insurance in the amount that meets
statutory requirements with an insurance carrier acceptable to City, or certification to
City that Contractor is self-insured or exempt Crom the workers' compensation laws of
the State of California. Contractor shall provide City with Exhibit "C" entitled "Workers'
Compensation Insurance Certification," which is attached hereto and incorporated herein
by this reference prior to performance of the Services.
5.3 Contractor shall secure and maintain in force throughout its performance of the Services
comprehensive general liability insurance, with carriers acceptable to City, with
minimum coverage of One Million Dollars (S 1,000,000) per occurrence and Two Million
Dollars (52,000,000) aggregate for public liability, property damage and personal injury.
City shall be named as an additional insured and the insurance policy shall include a
provision prohibiting modification of coverage limits or cancellation of the policy except
upon thirty (30) days prior written notice to City. A certificate of insurance and
endorsements shall be delivered to City prior to commencement of the Services.
5.4 Contractor shall secure and maintain in force throughout its performance of the Services
business automobile liability coverage, with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit for bodily injury liability and
property damage liability. This coverage shall include all Contractor owned vehicles
used for the Services, hired and non-owned vehicles, and employee non-ownership
vehicles. City shall be named as an additional insured and the insurance policy shall
include a provision prohibiting modification of coverage limits or cancellation of the
policy except upon thirty(30) days prior written notice to City. A certificate of insurance
and endorsements shall be delivered to City prior to commencement of the Services.
5.5 Contractor shall indemnify, hold hai rnless and defend City and its elected 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 negligent or intentionally wrongful act or omission of Contractor, and its officers,
employees and agents, in performing the Services.
5.6 Contractor is expressly prohibited from assigning any of the work associated with the
Services without the prior written consent of City. In the event of agreement by the
Parties to assign a portion of the Services, Contractor shall add the assignee as an
additional insured to its insurance policies and provide City with the insurance
endorsements prior to any work being performed by the assignee. Assignment does not
include printing or other customary reimbursable expenses that may be provided for in
this Agreement.
ARTICLE 6 - GENERAL CONSIDERATIONS
6.1 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 recover its reasonable attorneys` fees; including fees for the use of in-
house counsel by a Party.
6.2 All documents, records, drawings, electronic data files and data base, photographic prints
and negatives, designs and specifications, cost estimates, and other documents developed
by Contractor for the Services shall become the property of City and shall be delivered to
City upon completion of the Services.
6.3 Contractor is, for all purposes under this Agreement, an independent contractor with
respect to the performance of the Services and not an employee of City. All personnel
employed by Contractor to perform the Services are for its account only, and in €io event
shall Contractor or any 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. Nothing in this
Agreement shall be considered to create the relationship of employer and employee
between the Parties.
6.4 Unless earlier terminated as provided for below, this Agreement shall terminate upon
completion and acceptance of the Project by City.
6.5 City may terminate this Agreement for any reason, at any time at its sole discretion, upon
two (2) calendar clays prior written notice to Contractor.
6.6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work
associated with the Services and (2) deliver or otherwise make available to City, copies
of any 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 any
work completed up until notice of termination.
6.7 This Agreement, including the exhibits incorporated by reference, represents the entire
agreement and understanding between the Parties as to the matters contained herein and
any prior negotiations, proposals and agreements relating to the subject matter hereof are
superseded by this Agreement. Any amendment to this Agreement shall be in writing
and approved by City and Contractor.
6.8 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
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EXHIBIT A
SCOPE OF SERVICES
NIC Partners (NICP) proposes to install and configure the following for the City of Redlands' Wireless
Local Area Network project:
STRUCTURED CABLING
NICP will provide and install the following:
• One (1) Cath CMP data cable to three (3) wireless access point locations.
• Install eleven (11) wireless access points.
• Install twenty-two (22) customer-provided Cat6 patch cords.
• All cables shall terminate on customer-provided Cat6 patch panel.
• All cables shall be terminated, tested, and labeled as per TIA and BICS I standards.
Notes:
• Provide access to work area in a timely manner.
• All pathways are assumed to be free and clear.
• NICP will update customer provided electronic drawings.
PROFESSIONAL SERVICES
• NICP will work with the Department of Innovation and Technology(DOIT), provide professional
services in implementing a WLAN throughout City of Redlands work areas. With the scope of this
implementation, the goal is to distribute multiple SSIDs from each access point.
a "Internal Network" SSID
• Provide internal network access to clients
• Assign clients internal IP based upon physical location/VLAN
■ Authenticate using 802.1 X with RADIUS against existing Active Directory
• environment and (possibly MAC address)
o "BYOD" guest SSID
• Provide internet only access using ACLS on access point
• Present splash page to devices upon joining network
• Authenticate with WPA2-PSK
• Limit bandwidth with traffic shaping rules
• Limit SSID availability based on time based schedules
• NICP will assist DOIT in implementing 802.1X with RADIUS authentication with wireless clients to
existing Active Directory environment. It is assumed that City of Redlands has RADIUS server
deployed already. This implementation does not include install RADIUS server from scratch.
PERFORMANCE EXPECTATIONS
Aesthetics
All equipment (wireless access points, cabling, power supplies, etc.) shall be neatly installed and should not
negatively impact the appearance of publicly visible areas and City owned property. Any cabling shall be
hidden in raceway if necessary. All trip hazards shall be removed during install.
Security
With the proposed solution on Meraki MR32, it offers the latest security methods utilizing industry standard
technologies. The system must be upgradeable by way of firmware, software, or ROM upgrades as new security
technologies are standardized. htt s:Hmeraki.eisco.coinAibl dfimeraki datasheet MR32, df
Training
NICD will provide training that will properly prepare City staff for as-needed administration, management, and
any planned/unplanned maintenance. The training will be provided via Meraki's
Portal web site, located here: http://merakipartners.com/apex/Trainings?sfdc.tabName=01 r32000000QQNR
Warranty and Post-Implementation Support
NICD will provide manufacturer and vendor warranties for equipment and installation services covering
firmware, hardware, and software. With Meraki MR32 wireless access points, the warranty information is
located here: https://meraki.cisco.com/lib/pdf/moraki_datasheet_MR32.pdf
Bond No.:72BSBI-IL7550
**Executed in Duplicate**
-t liC FINAL PREMIUM IS
.REDICATED ON THE
FINAL CONTRACT PRIDE
EXHIBIT "B"
LABOR AND MATERIAL BOND Net-%vork integration Company
Partners,Inc.AKA
Whereas, the City Council of the City of Redlands, State of Califomia, and NIC Partners ,(hereinafter
designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and
complete certain designated public improvements(the"Work"),which said agreement,dated June 7th
,2016,and identified as Provide wireless Network* is hereby referred to and made a part hereof;and
*Access Throughout All City Buildings,RPP 920160502EO
Whereas, under the terms of the Agreement, Principal is required before commending the performance of the
Work, to file a good and sufficient Labor and Material bond with the City of Redlands 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, said Principal ane the undersigned as corporate 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 Code of Civil Procedure in the sum o frwenty-Nine'rhousand,Five Hundred Six and"nollars T***
) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with
respect to such 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.
**Hartford Fire Insurance Company ***091100 ****29.506.09
It is hereby expressly stipulated and agreed that this bond shall insure 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.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on
.[Line 21 s€ ,2016.
(SEAL)Network integration Company (SEAL)
Partners,Inc.AKA NIC Partners Hartford Fire Insurance Company
(Contractor) (Surety)
(Signature) (Signature)Matthew R.Dobyns.Attorney-m-Fact
Address:
I Pointe Drive,6th Floor,Brea,CA 92821
(Seal and Notarial Acknowledgment of Telephone(714 ) 674 1291
Surety)
Direct Inquiries/Claims to:
y IPTHE HARTFORD"O" WER" 0-` F ATTORNE
BOND,T-4
P,O.BOX 2103,690 ASYLUM AVENUE
HARTFORD,CONNECTICUT 06115
call:888-266-3488 or fax:860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 72-185891
FHartford Fire insurance Company,a corporation duly organized under the laws orthe State of'Connecticut
Hartford Casualty Insurance Company,a corporation duly organized under the law's of the State of Indiana
Hartford Accident and Indemnity Company,a corporation duly organized under the lans Of the Stale or Connecticut
Hartford Underwriters Insurance Company,a corporation duly or-anized under the law's of die State or Connecticut
Twin City Fire Insurance Company,a corporation duh'organized under the laws of the State of Indiana
Hartford insurance Company of Illinois, a corl)aration duly organized under the laws of the State of Illinois
l� Hartford insurance Company of the Midwest,it corporation duly organized under the la%%s of the Stare of Indiana
Hartford Insurance Company of the Southeast,a corporation duly organ€zed under the laxs of the State of Florida
having their home office in Hartford,Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint,
up to the amount of unlimited:
Randy Spohn, Zara Spohn, Matthew R. Dobyns
of
Santa Ana, CA
their true and lawful Attorneys)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies)only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof,and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed,duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
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Scott Sadowsky,Assistant Secretary M. Ross Fisher,Assistant Vice President
STATE OF CONNECTICUT
�$• Hartford
COUNTY OF HARTFORD
On this 3rd day of March, 2008, before me personally came M. Ross Fisher, to me known,who being by me duly sworn,did depose and
say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations
described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said
instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his
name thereto by like authority.
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Cr:RTIFICATE ASS Conuni-iun Bjlirca Oclober?t.201'
1,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies,which is still in full force effective as of June 215`, 2016.
Signed and sealed at the City of Hartford.
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Gary W.Stumper,Assistant Vice President
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 ORANGE
On before me ERIKA GUIDO NOTARY PUBLIC
personally appeared MATTHEW R. DOBYNS____
® who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(-s) is/afe subscribed to the within instrument and
acknowledged to me that he/she/" executed the same in his/#ef/t#eif
authorized capacity(-ies), and that by his/i�/tfreir signatures) on the
instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
��-ERIKAGUIDO WITNESS y and and official seal.
COMM.#202267
NOTARY PUBLIC CALIFORNIA 0
ORANGE COUNTY ^' �}
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Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER(S) ❑ LIMITED
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
CALIFORNIA" ALL-PURPOSE K L T 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 ,��r� �`r
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Cate Here Insert Name and Title of the OfficerJ4
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Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose nanle(s) is/are
subscribed to the within instrument and acknowledged' to me that he/she/they executed the same in
his/ er/'their authorized capacity(fes), and that by his/her/ttreir signature(s)on the instrument the person(&),
or the entity upon behalf of which the person(&) acted, executed the instrument,
I certify under PENALTY OF PERJURY under the haws
of the :Mate of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal..
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Place Notary Seal.Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this fora 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 Signers)
Signer's Name: _ ......w _..__ Signer's dame
Corporate Officer — Title(s) _.._. __-- Corporate Officer — Title(s)
Partner — Lin'iited General
Partner — i Limited General
Individual Attorney in Fact Individual Attorney in Fact
Trustee Guardian or ConservatorTrustee Guardian or Conservator
Other: M., .. _...m..._ _... _ ... ..m. Other: _.........
Signer Is Representing: ............_ ..a... __-.........m..... Signer Is Representing.
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EXHIBIT "C"
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 write
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 furnishing proof
satisfactory to the Director of Industrial Relations of ability to self-insure 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 perfonnance 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.
NIC Partners, Inc. Date: CD�1 LP 1 LP
By: 4,
Name