HomeMy WebLinkAboutResolution - 2017-R0326 - Ark Animal Hospital - 07/14/2017Resolution No.2017-R0326
Item No.6.20
September 14,2017
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock,Contract No.13462 for veterinary services,by and between
the City of Lubbock and Ark Animal Hospital for Pets,of Lubbock,Texas,and related documents.
Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and
shall be included in the minutes of the City Council.
Passed bythe City Council on September 14,2017 .
ATTEST:
b/j(Ust^j
Rebacca Garza,City Secretary
APPROVED AS TO CONTENT
Kelli Leisure,Assistant City Attorney
ccdocs/RES.Contract-13462.Vetrinary Services
08.23.2017
DANIEL M.POPE,MAYOR
Resolution No. 2017-R0326
City of Lubbock, TX
Veterinary Services
Service Agreement
Contract 13462
This Service Agreement (this "Agreement") is entered into as of the 14th day of
September, 2017 ("Effective Date") by and between Ark Animal Hospital for Pets (the Contractor),
and the City of Lubbock (the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposal 17-13462-KM Veterinary Services.
WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which
best meets the needs of the City for this service; and
WHEREAS, Contractor desires to perform as an independent Contractor to provide Veterinary
Services, upon terms and conditions maintained in this Agreement; and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the
City and Consultant agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits which are
attached hereto and incorporated herein by reference, listed in their order of priority in the event of
inconsistent or contradictory provisions:
1.
This Agreement
2.
Exhibit A
— General Requirements
3.
Exhibit B
— Price Proposal Sheet
4.
Exhibit C
— Official City Holidays
5.
Exhibit D
— Insurance
Scope of Work
Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply
with all the applicable requirements set forth in Exhibit B, C and D attached hereto.
Article 1 Services
1.1 The contract shall be for a term of one (1) year, with the option of three (3), one (1) year
extensions, said date of term beginning upon formal approval. This contract shall remain
in effect until the expiration date, performance of service ordered, or termination by
either party with a thirty (30) day written notice. The City of Lubbock does not
guarantee any specific amount of compensation, volume, minimum, or maximum
amount of services under this proposal and resulting contract. The Contractor must
maintain the insurance coverage required during the term of this contract including
any extensions. It is the responsibility of the Contractor to ensure that valid insurance
is on file with the Purchasing and Contract Management Department as required by
contract or contract may be terminated for non-compliance.
1.2 This contract shall remain in effect until the first of the following occurs: (1) the
expiration date, (2) performance of services ordered, or (3) termination of by either
party with a 30 day written notice. The City of Lubbock reserves the right to award
the canceled contract to the next lowest and best bidder as it deems to be in the best
interest of the city.
1.3 The Contractor shall not assign any interest in this Agreement and shall not transfer
any interest in the Agreement, whatsoever, without prior consent of the City.
1.4 All funds for payment by the City under this Agreement are subject to the availability
of an annual appropriation for this purpose by the City. In the event of non -
appropriation of funds by the City Council of the City of Lubbock for the goods or
services provided under the Agreement, the City will terminate the Agreement,
without termination charge or other liability, on the last day of the then -current fiscal
year or when the appropriation made for the then -current year for the goods or services
covered by this Agreement is spent, whichever event occurs first. If at any time funds
are not appropriated for the continuance of this Agreement, cancellation shall be
accepted by the Contractor on 30 days prior written notice, but failure to give such
notice shall be of no effect and the City shall not be obligated under this Agreement
beyond the date of termination.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be construed
in accordance with the laws of said State, without reference to choice of law
provisions. This Agreement is performable in, and venue of any action related or
pertaining to this Agreement shall lie in, Lubbock, Texas.
2.2 This Agreement and its Exhibits contains the entire agreement between the City and
Contractor and supersedes any and all previous agreements, written or oral, between
the parties relating to the subject matter hereof. No amendment or modification of the
terms of this Agreement shall be binding upon the parties unless reduced to writing
and signed by both parties.
2.3 This Agreement may be executed in counterparts, each of which shall be deemed an
original.
2.4 In the event any provision of this Agreement is held illegal or invalid, the remaining
provisions of this Agreement shall not be affected thereby.
2.5 The waiver of a breach of any provision of this Agreement by any parties or the failure
of any parties otherwise to insist upon strict performance of any provision hereof shall
not constitute a waiver of any subsequent breach or of any subsequent failure to
perform.
2.6 This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, representatives and successors and may be assigned by Contractor or
the City to any successor only on the written approval of the other party.
2.7 All claims, disputes, and other matters in question between the Parties arising out of
or relating to this Agreement or the breach thereof, shall be formally discussed and
negotiated between the Parties for resolution. In the event that the Parties are unable
to resolve the claims, disputes, or other matters in question within 30 days of written
notification from the aggrieved Party to the other Party, the aggrieved Party shall be
free to pursue all remedies available at law or in equity.
2.8 At any time during the term of the contract, or thereafter, the City, or a duly authorized
audit representative of the City or the State of Texas, at its expense and at reasonable
times, reserves the right to audit Contractor's records and books relevant to all services
provided to the City under this Contract. In the event such an audit by the City reveals
any errors or overpayments by the City, Contractor shall refund the City the full
amount of such overpayments within 30 days of such audit findings, or the City, at its
option, reserves the right to deduct such amounts owing the City from any payments
due Contractor.
2.9 The City reserves the right to exercise any right or remedy to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief
in a court of competent jurisdiction. Further, the City shall not be subject to any
arbitration process prior to exercising its unrestricted right to seek judicial remedy.
The remedies set forth herein are cumulative and not exclusive, and may be exercised
concurrently. To the extent of any conflict between this provision and another
provision in, or related to, this do.
2.10 The Contractor shall not assign or sublet the contract, or any portion of the contract,
without written consent from the Director of Purchasing and Contract Management.
Should consent be given, the Contractor shall insure the Subcontractor or shall provide
proof of insurance from the Subcontractor that complies with all contract Insurance
requirements document, this provision shall control.
IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date.
CITY rOF LUBBOC , X: CONTRACTOR:
Daniel M. Pope, Mayor Contract r s Signature
ATTEST:
eb cea Garza, City Secre ry
APPROVED AS -TO CQNTENT:
GkQZ_ T
rres, Dire for of Animal Services
AP ROVRM:
elli Leisure, Assistant City Attorney
0. L4a-e_ J4✓
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Title
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City of Lubbock, TX
RFP 17-13462-KM
Veterinary Services
Specifications
II. GENERAL REQUIREMENTS
1. INTENT
Exhibit A
1.1 The City of Lubbock (hereinafter called "City") is seeking proposals from Veterinary Clinics
and individuals, (hereinafter called "Proposer") to provide veterinary services for the Animal
Services Department on a daily basis. The Animal Services Department receives
approximately 12,000 animals into the shelter and provides veterinary service to a maximum
of 4,000 animals annually.
1.2 Offerors are invited to submit demonstrated competence and qualifications of their firm for
providing these services.
1.3 The information contained within this document is intended to provide interested firms with
the requirements and criteria that will be used to make the selection.
2. BACKGROUND
2.1 The Animal Services department provides animal adoption promotions throughout the year
which includes spay/neuter surgeries, as well as rabies vaccination clinics for local pet
owners. The objectives of the Animal Services department are to ensure responsible pet
ownership and humane treatment of animals while protecting the public.
3. SCOPE OF WORK
3.1 The Proposer shall perform veterinary services during the business hours of 8:00 A.M. to
12:00 P.M., Monday — Friday at the following locations: 3323 SE Loop 289, Lubbock, TX.
The responsive party must complete their services by 12:00 P.M. daily to allow eligible
animals for redemption starting at 1:00 P.M.
3.2 Hours of operation may be negotiated for reasonableness for minimal disruption to the
contracting veterinarian's private practice and while maintaining a high quality standard for
citizen customer satisfaction in redemption and adoption of animals.
Veterinary Services for Quarantine Facility Services
3.3 Provide health inspection of animals quarantined for rabies observation during the ten (10)
day period at all Animal Services quarantine facilities approved by the Texas Department of
State Health Services;
3.4 If the animal becomes ill during the observation period, the "performing agency" will make
a recommendation to the Director of Animal Services on the first day of observed animal
illness as to whether in the interest of public safety the animal should be humanely
euthanized and submitted for rabies testing;
3.5 At the end of the mandatory quarantine period, vaccinate the animal against rabies and
release the animal from quarantine by signing off on the bite report in accordance with the
Texas Health and Safety Code, Chapter 826; and
3.6 Provide quarterly inspection of ALL City of Lubbock Animal Services quarantine facilities,
file copies of the report with the Director of Animal Services on form prescribed by the
Texas Department of State Health Services in accordance with the Texas Health and Safety
Code, Chapter 823 and euthanasia (EU) solution usage, records and storage.
3.7 Animal Services will provide all necessary supplies for vaccination and city registration
including syringes, vaccine (as purchased by the City of Lubbock under the direction and
control of the contracting veterinary), and registration tags.
Consulting and Medical Treatment Services:
3.8 In accordance with procedures based on the Texas Health and Safety Code, regulations of
the Texas Veterinary Medical Association, and generally accepted standards of care:
a) Approve procedures and standing orders for medical treatment of adoption or pre -
selected and screened adoption animals at all City of Lubbock Animal Services
facilities by kennel attendants;
b) Provide consultation services on animals brought in to all City of Lubbock Animal
Services facilities that are injured, sick, diseased, or dangerous, so that they can be
separated from healthy animals in accordance with Texas Health and Safety Code,
Chapter 823;
c) Provide rabies vaccinations for all reclaimed animals and adoption animals, as well as
immunizations of all adoption dogs, cats and ferrets at all City of Lubbock Animal
Services facilities.
d) Provide an annual audit in writing to the Director of Animal Services on the EU solution
usage, records and storage.
e) The City of Lubbock Animal Services will provide all necessary supplies for
vaccination, city registration and minor treatment regimes including syringes, vaccine
(as purchased by the City of Lubbock under the direction and control of the contracting
veterinary), registration tags, antibiotics and vaccination, as well as antibiotic treatment
for reasonably expensed recoverable animals.
Alternate / Consulting and Medical Treatment Services, including Sterilization:
3.9 In accordance with procedures based on the Texas Health and Safety Code, regulations of
the Texas Veterinary Medical Association, and generally accepted standards of care:
a) Approve procedures and standing orders for medical treatment of adoption or pre -
selected and screened adoption animals at all City of Lubbock Animal Services
facilities by kennel attendants;
b) Provide consultation services on animals brought in to all City of Lubbock Animal
Services facilities that are injured, sick, diseased, or dangerous, so that they can be
separated from healthy animals in accordance with Texas Health and Safety Code,
Chapter 823;
c) Provide rabies vaccinations for all reclaimed animals and adoption animals, as well
asimmunizations of all adoption dogs, cats and ferrets at all City of Lubbock Animal
Services facilities;
d) Provide sterilization of all animals that, as a result of a second impoundment, are in
violation of the City of Lubbock Ordinances, Chapter 4, Sec.4.02.005(d)(5).
e) The City of Lubbock Animal Services will provide all necessary supplies for
vaccination, city registration and minor treatment regimes including syringes, vaccine
(as purchased by the City of Lubbock under the direction and control of the
contracting veterinary), registration tags, antibiotics and core vaccinations as well as
antibiotic treatment for reasonably expensed recoverable animals.
4. QUALIFICATIONS
a) Must have a current Doctor of Veterinary Medicine (DMV) license in good standing
with the State of Texas 2.4.2
b) Must have a current Department of Public Safety certificate.
c) Must have current Drug Enforcement Agency license.
d) The offeror shall supply three (3) references who can verify your performance as a
vendor. Performance should include goods or services, similar to those in this
proposal, within the last twenty-four (24) months.
5. COST PROPOSAL
5.1 Prices shall include travel required to and from respective sites. Offeror's pricing shall
include service call charge, all of the overhead, including, but not limited to, trip related
charges and mileage.
5.2 The successful Contractor shall provide services Monday through Fridays throughout the
year, except for official City Holidays according to Exhibit C. The Offeror shall provide a
price deduct according to the City's holiday schedule. The Offeror shall submit pricing on
Price Sheet, Exhibit B, including after hour emergency service calls.
5.3 The contract shall be for a term of four years, said date of term beginning upon
formal approval. This contract shall remain in effect until the expiration date,
performance of service ordered, or termination by either party with a thirty (30) day
written notice. Such written notice must state the reason for cancellation. The City
of Lubbock does not guarantee any specific amount of compensation, volume,
minimum, or maximum amount of services under this proposal and resulting
contract. The Contractor must maintain the insurance coverage required during the
term of this contract including any extensions. It is the responsibility of the
Contractor to ensure that valid insurance is on file with the Purchasing and Contract
Management Department as required by contract or contract may be terminated for
non-compliance.
5.4 A deduction will be made for not providing services on a scheduled workday/
6. REPORTING REQUIREMENTS
6.1 The Contractor shall maintain a City -approved electronic database for reporting purposes.
Monthly reports of the previous month's activities will be due to the City by the 15' day of
each month. Annual reports will be due 60 days following the completed fiscal year. At a
minimum, the Contractor shall include in each monthly report the following information:
• Date, type of animals and services provided.
7. EVALUATION CRITERIA
The following criteria will be used to evaluate and rank submittals:
a) Experience — The offeror's experience in providing the services as requested in the
specifications. (25%)
b) Responsibility — The offeror who has the capability, in all respects, to perform fully the
contract requirements and the moral and business integrity and reliability that will assure good
faith performance as required by these specifications. (20%)
c) Capability and Skill — Offeror's capability, flexibility and skill to perform the services stated
in the specifications. (10%)
d) Responsiveness — The degree to which the offeror has responded to the purpose and scope of
specifications. (10%)
e) Record of performance based on previous work with the City and/or other client references.
(10%)
f) Cost (25%)
8 PROPOSAL FORMAT
a) Proposals should provide a straightforward, concise description of the Offeror's
capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness,
clarity of content, and conveyance of the information requested by the City.
b) The proposal should be bound in a single volume where practical. All documentation
submitted with the proposal should be bound in that single volume. No spiral binding.
c) If the proposal includes any comment over and above the specific information requested
in the RFP, it is to be included as a separate appendix to the proposal.
d) The proposal must be organized into the following response item sections and submitted
in an indexed binder.
TAB A Qualifications and Experience
Briefly introduce your company, providing a summary of the
administration, organization. Provide a detailed description of your
experience.
TAB B Price Sheet
1. Use the provided price proposal sheet. Exhibit B.
TAB C References
1. Provide three references. Please include the name of the agency, contact
name, telephone, fax and email address. Performance should include
goods or services, similar to those in this proposal, within the last twenty-
four (24) months.
WN19FI-0101-1
Best and Final Offer
City of Lubbock, TX
RFP 17-13462-1011
Veterinary Services
Price Pronosal Sheet
PRIC1. PROPONA1 S1 11 11
ITEM
DESCRIPTION
o,l*)'
%81\111%
I XIL NN D I
I
Veterinary Services for Quarantine
Facility Services. per month as
specified herein.
I
MU
2
Consulting and Medical Treatnicni
Services. per month as specilicd
NIO
3,600
q'31)O0,1'
herein.
A ur
Consulting and Medical Treatment
S
services including sterilization, per
12
MO
A//q
month as specified herein.
I foliday Deduct
Deduct 6or City Holiday as listed in
$ (-)
Exhibit C
'2 /
Per Occurrence
After -Hour Emergency Service Call
$ '2 �O' 00
EXHIBIT C
OFFICIAL CITY HOLIDAYS
New Year's Day
Martin Luther King Day
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Friday After Thanksgiving
Christmas Day
Christmas Eve
EXHIBIT D
City of Lubbock, TX
RFP 17-13462-KM
Veterinary Services
III. INSURANCE
SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance
Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the
coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required
information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER
THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY.
INSURANCE COVERAGE REQUIRED
SECTION B. The City reserves the right to review the insurance requirements of this section during the effective
period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and
prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as
the Contractor.
SECTION C. The Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas
and acceptable to the City, in the following type(s) and amount(s):
TYPE OF INSURANCE
COMBINED SINGLE LIMIT
GENERAL LIABILITY
®
Commercial General Liability ❑ Other
General Aggregate
$1,000,000
❑
Claims Made ® Occurrence
Products-Comp/Op AGG
X
❑
W/Heavy Equipment
Personal & Adv. Injury
X
❑
To Include Products of Complete Operation Endorsements
Contractual Liability
X
Fire Damage (Any one Fire)
Med Exp (Any one Person)
PROFESSIONAL LIABILITY
®
General Aggregate
$L000,000
AUTOMOTIVE
LIABILITY
®
Any Auto ❑ All Owned Autos
Combined Single Limit
❑
Scheduled Autos ❑ Hired Autos
Each Occurrence
$L000.000
❑
Non -Owned Autos
EXCESS LIABILITY
❑
Umbrella Form
Each Occurrence
Aggregate
GARAGE
LIABILITY
❑
Any Auto
Auto Only - Each Accident
❑
Each Accident Aggregate
❑
BUILDER'S RISK
❑ 100%of the Total Contract
Price
❑
INSTALLATION FLOATER
❑ 100% of the Total Material
Costs
❑
POLLUTION
❑
CARGO
®
WORKERS COMPENSATION — STATUTORY AMOUNTS OR OCCUPATIONAL MEDICAL AND DISABILITY
®
EMPLOYERS' LIABILITY
$1,000,000
OTHER: COPIES OF ENDOSEMENTS ARE REQUIRED
® City of Lubbock named as additional insured on Auto/General Liability on a primary and non-contributory basis
® To include products of completed operations endorsement.
® Waiver of subrogation in favor of the City of Lubbock on all coverages, except
The City of Lubbock shall be named as an additional insured on a primary and non-contributory basis and shall include
waivers of subrogation in favor of the City on all coverage's. Copies of the Certificates of Insurance and all applicable
endorsements are required.
ADDITIONAL POLICY ENDORSEMENTS
The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements
thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms,
conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon
either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor
shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof.
REQUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of
insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional insureds, (as
the interest of each insured may appear) as to all applicable coverage;
b. Provide for thirty (30) days' notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected
representatives for injuries, including death, property damage, or any other loss to the extent same may be
covered by the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the
indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such
obligations within applicable policies.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30
days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing and Contract Management
City of Lubbock
1625 13`h Street, Room 204
Lubbock, Texas 79401
SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor
shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract
documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the
Contractor from liability.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos. i - 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2017-261637
Date Filed:
09/18/2017
Date Acknowledged:
09/22/2017
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Sonja O. Lee, D.V.M., Inc
Lubbock, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
13462
Veterinary Services
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337
09/22/2017 09:36 FAX
[a003/ 00i
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1- 4 and 6 If there are Interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 6, and 6 If there are no interested parties.
COMFICA110N OF FILING
CarOcate Number:
1 Name of business entity Ming form, and the city, state and country of the business entity,* place
of business,
2017-261637
Sonja O. Lee, D.V,M., Inc
Lubbock, TX United States
Date Filed-
09/18/2017
2 Name of governmental or state atlenCy ME is a party to the contract for which the
being filed.
form is
City of Lubbock
Date Acknowledged:
g
Provide the Identification number used by the governmental entity or state agency to track or Idemffy the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
13462
Veterinary Services
4
Name of Interested Party
City, state, Country (place of business)
Nature of interest
(check applicable)
Controlling
Intermediary
K
6
Check only if there is NO Interested Party.
Lai
6
AFFIDAW t swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
JAN HOLMES
ID #10381628
My Commission Expires
January 08, 2020
SI nature of authorized agent of contracting business entity
AFFIX NOTARY STAMP I SEAT. ABOVE1(a
Sworn to and subscribed before rate, by the Bald �� . U' �_ —4- &w t D'Vlq
2fl , to certify which, witness my hand and seal of office,
this the .. f c�... _.. day
a t� fair /)z
lvt� arc
Signature of officer administering oath Printed name of officer administering oath
Tide of officer administering oath