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HomeMy WebLinkAboutALL CITY MANAGEMENT SERVICES INC. 5E - 20141 INSURANQ ON riL t WORK MAY PROCER) �UNTIL,INS ANCE EXPi b CLERK OF COUN III. DATE: 5, 0-/(� FIFTH AMENDMENT TO ADULT CROSSING GUARD AGREEMENT This FIFTH AMENDMENT to the Adult Crossing Guard Agreement is entered into on February 28, 2014, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City) and All City Management Services, Inc., a California Corporation ( "Consultant "). �t RECITALS: A. City and Consultant entered into Agreement #A- 2010 -038, dated March 1, 2010, (hereinafter "said Agreement ") by which Consultant provided adult crossing guard services to City for a one year period until February 28, 2011 at a cost of $795,450.00, subject to extension upon a writing executed by the Chief of Police and the City Attorney. B. City and Consultant entered into a. First Amendment to Agreement #A- 2010- 038 -001, dated March 1, 2010, amending the compensation from an amount not to exceed $795,450.00 to an amount not to exceed $826,783.00. C. City and Consultant entered into a Second Amendment to Agreement #A- 2011 -040, dated March 1, 2011, extending the term of said Agreement for an additional one- year period to February 28, 2012 and increasing the compensation to pay for the services provided during the additional term. D. City and Consultant entered into a Third Amendment to Agreement #A- 2012 -046, dated February 28, 2013, extending the term of said Agreement for an additional one year period until February 28, 2014, and increasing the compensation to an amount not to exceed $850,000.00 to pay for the services provided during the additional term. In accordance with the tenns and conditions of said Agreement, the parties wish to extend the term of said Agreement for an additional one -year period until 'February 28, 2015 and increase compensation by an amount not to exceed $850,000.00 to pay for services provided during the additional term. In addition, the parties agree to continue to work together to emphasize pedestrian safety. E. During the term of this one -year amendment, Police Department staff will be conducting a thorough evaluation of the Adult Crossing Guard program and will issue a new Request for Proposals (REP) for these services based upon an updated specification. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fifth Amendment to Agreement, the parties agree as follows: 1. Section 3, TERM, shall be amended to extend the term of said Agreement for an additional one year period through February 28, 2015, 2. Section 2, COMPENSATION, shall be amended to increase compensation by an amount not to exceed $850,000.00 to pay for additional services provided by Consultant during the extended tern. 3. Section I, SCOPE OF SERVICES, shall be amended to add subsection q, which will read as follows: q. Contractor understands the importance of pedestrian education and will emphasize the same with crossing guards providing services under this contract. Contractor may be requested to provide additional crossing guards on a temporary basis at contractor's regular hourly rate to assist with directing pedestrians to the safest crossing location. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZA c Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: CJ" /-t. LAURA A. ROSSINI Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Carlos Rojas Acting Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT Client #: 1514175 306ALLCITYM ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/YYYY) TYPE OF INSURANCE 04/25/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Nysa Gallegos BB &T- Knight Insurance Services PHONE No Ext: 818 662.4234 FA1 877- 297 -9262 A/C (A/C No: 535 N. Brand Blvd. 10th Floor nooaless: NGallegos @bbandt.com Glendale, CA 91203 pEpAApCC�HHpCCO�EECTCTURRENCE PREMISES EaaccurrDance $109000 818 662 -4200 INSURER(S) AFFORDING COVERAGE NAIC If INSURER A: TONG Marine Specialty Insuranc 23850 INSURED INSURER e: National Union Fire Ins Co of P 19445 All City Management Services Inc INSURER C: Nationwide Mutual Insurance Com 23787 70440 Pioneer Blvd # 5 C AUTOMOBILE X X Santa Fe Springs, CA 90670 INSURER D: ACP7815954504 12/21/201312/21 /201 INSURER E: $1,000,000 INSURER F: $ BODILY INJURY (Per accident) COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTH POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTp TYPE OF INSURANCE ADDLSUBR WVO POLICY NUMBER MM/LDD/)WYF POLICY DNYYV LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE aX OCCUR X X PPK1153080 4/01/2014 04/01/201 E $2 000,000 pEpAApCC�HHpCCO�EECTCTURRENCE PREMISES EaaccurrDance $109000 MED EXP (Any one person) $Excluded PERSONAL &ADV INJURY $1 000,000 GENERALAGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY X '_ I PRODUCTS - COMP /OP AGG $2,000,000 $ C AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS X ACP7815954504 12/21/201312/21 /201 COMBINEDBINGLE LIMIT Ea accident $1,000,000 BODI LY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ B 1C UMBRELLA LAG EXCESS LIAR X OCCUR CLAIMS -MADE BE064763294 4/01/2014 04/01/2015 EACH OCCURRENCE $8,000,000 AGGREGATE $8,000,000 DED X RETENTION $0 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A Not Applicable W RSTATU- OTH- E.L. EACH ACCIDENT $ E.L. DI SEASE-EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ Not Applicable DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) As respects General Liability and required by written contract; The City of Santa Ana, it's officers, employees, agents, volunteers and respresentatives are named as additional insured. Insurance is Primary & Non - Contributory. Waiver of Subrogation a lic AS TO FORM City of Santa Ana 20 Civic Center Plaza, M29 Santa Ana, CA 92702 ACORD 25 (2010/05) 1 off #S12248134/M12248127 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NNGON PRIMARY AND NON - CONTRIBUTORY WORDING POLICY NUMBER: PPK1153080 NAMED INSURED: All City Management Services Inc. COMMERCIAL GENERAL LIABILITY EFFECTIVE: 04/01/14 — 04/01/15 CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) As required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. Section IV Commercial General Liability Conditions, 4. Other Insurance, a. Primary Insurance is with replaced with the following for this Additional Insured only: This insurance is primary except when it is excess as provided under part b., below. When this insurance is primary, we will not seek contribution from other insurance available to the person or organization shown in the schedule of this endorsement except for the gross negligence and or willful or wanton misconduct of the person or organization shown in the schedule of this endorsement. All other terms and conditions remain the same. CG 20 26 07 04 © ISO Properties, Inc., 2004 14 -15 GL. AT Primary PPRtiVED AS Tq FORM A _910JJA4L _ y - - --- a Laura A. Rossini Assistant City Attorney Client#: 1514175 306ALLCITYM ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MWODNYYY) TYPE OF INSURANCE 04/25/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME, Nysa Gallegos BB &T- Knight insurance Services PA"�c°NNCE,e,818662 -4234 ac,Ne:877- 297 -9262 535 N. Brand Blvd. 10th Floor E-MAIL ss: NGallegosfdbbandt.com Glendale, CA 91203 pEAA�C.�HHOECTCURRENCE PREMISESEaEONCCUrrenca $100000 818662 -4200 INSURER(S) AFFORDING COVERAGE NAICO INSURER A: Toldo Marine Specialty Insuranc 23$50 INSURED INSURER B: National Union Fire Ins Co Of P 19445 All City Management Services Inc INSURER C: Nationwide Mutual Insurance Com 23787 10440 Pioneer Blvd k 5 INSURER D: AUTOMOBILE LIABILITY X ANY AUTO , ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS Santa Fe Springs, CA 90670 2121/2013 12/21/201 COMBINED SINGLE LIMIT Ea adocent INSURER E: BODILY INJURY (Per person) NSURER FF BODILY INJURY accident ) $ COVEHAGE5 CERTIFICATE NUMBER: REVISION NIIMRER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOLSUBRi INSR WVD POLICY NUMBER POLICY EFF MM/D POLICY UP MMIDO/YYYY1 LIMITS A GENERALLIABILITY X COMMERCIALGENERALLIABILITY CLAIMS -MADE 4 OCCUR X X PPK1153080 /01/2014 04/01/2015 $2G00000 pEAA�C.�HHOECTCURRENCE PREMISESEaEONCCUrrenca $100000 MED UP (Any one person) . $ Excluded PERSONAL & ADV INJURY _ $1,000,000 GENERALAGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER'. PRO­ POLICY X LOC PRODUCTS - COMP /OP AGG 52,000,000 $ O AUTOMOBILE LIABILITY X ANY AUTO , ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS X ACP7815954504 2121/2013 12/21/201 COMBINED SINGLE LIMIT Ea adocent 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY accident ) $ PROPERTY DAMAGE Per accnd rn $ B X UMBRELLA UAB EXCESS LIAR X OCCUR CLAIMS -MADE BE064763294 4/0112014 041011201 EACH OCCURRENCE__ AGGREGATE $8,000,000 $8,000,000 DIED X RETENTION$O $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY v/ N ANY PROPRIETORJPARTNEIllEXECUTIVE OFFICEWMEMBER EXCWDED4 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A Not Ilcable pP WC STATU- OTH- E. L. EACH ACCIDENT E.L. DISEASE- EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ S S Not Applicable DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, R mom apace is required) As respects General Liability and required by written contract; The City of Santa Ana, it's officers, employees, agents, volunteers and respresentatives are named as additional insured. Insurance is Primary & Non - Contributory. Waiver of Subrogation applicable. NO City of Santa Ana 20 Civic Center Plaza, M29 Santa Ana, CA 92702 ACORD 25 (2010105) 1 Ott BS12248134/M12248127 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ®1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NNGON 4COR0 CERTIFICATE OF LIABILITY INSURANCE D05/23/2014�1 TYPE OF INSURANCE ADDL IN THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Roberts s t Dr. Inc. 12221 Merit Dr. #300 Dallas, TX 75251 CONTACT NAME: PHONE (972) 770 -4450 FAX No : (972) 7704451 E11AIL ADDRESS: INSURERISI AFFORDING COVERAGE NAIC N INSURERA: American Zurich Insurance Company 40142 INSURED Trendsetter HR LLC Labor Contractor, for leased workers to: ALL CITY MANAGEMENT SERVICES, INC INSURER B, DAMAGE TO RENT ED PREMISES Ea occurrence INSURER C MED EXP (Any one person) INSURER D: PERSONAL BADV INJURY 2850 Shoreline Trail PMB #137 Rockwall, TX 75032 INSURER E: INSURER F : COVERAGES CtKI IFICATE NUMBER: 14TX033855709 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL IN UBR POLICY NUMBER MNOVLDDYIYYYY MMIDDYA I'YY LIMITS GENERAL LIABILITY r� COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE E DAMAGE TO RENT ED PREMISES Ea occurrence E MED EXP (Any one person) 3 PERSONAL BADV INJURY $ GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGO $ POLICY PRO- LOC IFCT $ AUTOMOBILE LIABILITY Ea accitlent IN LE LI I $ BODILY INJURY (Per peson) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accitlent $ I$ UMBRELLA LIPS OCCUR EACH OCCURRENCE S AGGREGATE $ EXCESS LIAR ' CLAI MS -MADE DED I RETENTION$ $ A AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED' ❑ NIA' WC 48 -41- 628 -01 06/01/2014 06/0112015 X WC STATUS OTH- IE E. L. EACH ACCIDENT $ 1,000,000 DISEASE - EA EMPLOYE $ 1,000,000 (Mandatory in NH) If yes, describe under 'EL. E. L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below Location Coverage Period: 06/01/2014 06/01/2015 Client# 331371 -CA DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) ALL CITY MANAGEMENT SERVICES, INC Coverage is provided for 10440 PIONEER BLVD STE 5 .j.,, only leas those but not ees r�, AID leased to but not SANTA FE SPRINGS, CA 90670 V "� subcontractors of t YlY r vA /�V City of Santa Ana 60 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE f 0 ACORD CORPORATION. All ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD PRIMARY AND NON - CONTRIBUTORY WORDING POLICY NUMBER: PPK1153080 NAMED INSURED: All City Management Services Inc. COMMERCIAL GENERAL LIABILITY EFFECTIVE: 04/01/14 — 04/01/15 CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) As required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. Section IV Commercial General Liability Conditions, 4. Other Insurance, a. Primary Insurance is with replaced with the following for this Additional Insured only: This insurance is primary except when it is excess as provided under part b., below. When this insurance is primary, we will not seek contribution from other insurance available to the person or organization shown in the schedule of this endorsement except for the gross negligence and or willful or wanton misconduct of the person or organization shown in the schedule of this endorsement. All other terms and conditions remain the same. CG 20 26 07 04 © ISO Properties, Inc., 2004 14 -15 GL Al Primary POLICY NUMBER: PPK1153080 COMMERCIAL GENERAL LIABILITY NAMED INSURED: ALL CITY MANAGEMENT SERVICES INC. CG 24 04 05 09 EFFECTIVE: 04/01/14 - 04/01/15 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: AS REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or '.your work" done under a contract with that person or organization and included in the "products - completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. tcv- l icw1ku- CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 0