AGREEMENT TO PROVIDE PROGRAMS AND ACTIVITIES AS A MEANS TO HELP YOUNG PEOPLE, ADULTS AND FAMILIESAGREEMENT
This Agreement is made and entered into on September 30, 2026, between the
City of Clearwater (City), a municipal corporation of the State of Florida, whose address
is Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL 33758-
4748, and Youth Development Initiatives Inc. (YDI or Provider), a Florida Not -For -Profit
Corporation, whose address is 900 North Martin Luther King, Jr. Avenue, Clearwater,
FL 33755, (each individually referred to herein as "Party" or collectively as the
"Parties").
WHEREAS, it has been determined to be highly desirable and socially
responsible to provide activities to build and foster confidence, educational, cultural and
social skills and good habits in young people, adults and families; and
WHEREAS, the City desires to provide programs and activities as a means to
help young people, adults and families; and
WHEREAS, the City owns the North Greenwood Aquatics and Recreation
Complex, ("Center"), located at 900 North Martin Luther King Jr. Avenue, Clearwater,
Florida; and
WHEREAS, YDI desires to partner with the City in providing educational,
motivational and cultural programs (the "Services", as more particularly described
herein) at the Center by offering programming primarily for school age children, adults
and families; and
WHEREAS, YDI has proven to be a reliable and valuable partner with the City for
over a decade.
NOW, THEREFORE, the parties agree as follows.
1. RECITALS. The foregoing recitals are true and correct and are incorporated in and
form a part of this Agreement.
2. LICENSE. That the City does hereby provide to YDI, a License to enter upon and
operate the Services at the following premises: office space consisting of
approximately 82 square feet within the Center. YDI shall have exclusive use of
certain, designated office space. In addition, YDI shall also be permitted use of the
Center common facilities, programming facilities, swimming pool and other services
as described herein. YDI hereby acknowledges and agrees that its use of the
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facilities and services are non-exclusive and are subject to use preference as
determined by the City in its sole discretion.
Such property shall hereinafter be referred to as the "Licensed Premises".
3. TERM. The term of this Agreement shall be for three years; which term shall
commence on the 1st day of October, 2026, and shall continue until midnight on the
30th day of September 2029 ("Initial Term"). This Agreement may be renewed for
one additional three year period, under the terms and conditions provided for herein,
if mutually agreed to in writing by the Parties. However, nothing in this Agreement
shall be .deemed a waiver by the City of its right to cancel or not to renew this
Agreement as otherwise provided herein.
4. LICENSE FEE. License fees are waived.
At the end of each five-year term the License Fee will be adjusted to reflect
applicable changes in Licensed Premises use or the cost of operating the facility.
This recalculation will occur no later than July 1st of every 5th year of the rental.
5. CITY IN KIND SERVICES AND USE OF FACILITIES.
a) The City agrees to provide maintenance of all major capital components of the
Licensed Premises including air conditioners, roof, painting, plumbing, and
electrical, as well as all custodial maintenance for the common facilities portion of
the Center to be used by the Provider. In addition, City will provide all utilities
necessary for the operation of the Provider's office.
b) The City shall not make any monetary contributions as a part of this Agreement.
c) City Programs. The City has the right to run contracted programs or other
programs in the facility as long as they do not unreasonably interfere with the
Services offered by the Provider.
d) City staff will be responsible for coordinating all scheduling for use of the facility,
including YDI programs and Services. The City will manage rentals and special
events that are hosted at the Center by the City.
e) This Agreement and any other agreement associated with the Center will be
managed by the City or City Staff located at the Center.
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6. PROGRAMS AND USE OF FACILITY.
a) YDI Services/Programs. YDI shall provide, at a minimum, the following
services:
Conduct educational, cultural and motivational programs at the Center for the
benefit of neighborhood and Clearwater area youth (primarily school age
children), adults, and families. The core programs shall include but not be limited
to:
i) Academic counseling and advisement sessions for students.
ii) Follow-up tutoring sessions for students.
iii) Homework assistance for students.
iv) Individual academic assessment meetings for students.
v) Family meetings to discuss academic success.
vi) Community Outreach to specific organizations, schools, or partner group
program orientations.
b) YDI Employees. YDI agrees to employ staff ("YDI Staff'), at its expense, to
execute the Services provided in accordance with this Agreement. Such
individuals shall not be considered City employees under any circumstance,
including but not limited to; payroll taxes, worker's compensation, or other
liability, and are subject to the supervision, personnel practices and policies of
YDI. Unless otherwise approved, all YDI Staff shall meet minimum requirements
and qualifications to coordinate and fulfill YDI Services.
c) Rules for Use. Rules and regulations applicable to and governing the use of the
Center by YDl may be established by the YDI, providing said rules and
regulations are not in conflict or inconsistent with the law, ordinances, policies or
operating rules of the City, the Center, or this Agreement.
d) Background Checks. YDI acknowledges that it, it's applicants for employment,
employees, or volunteers, work or will work with children, the elderly, or the
disabled. Therefore, if not otherwise required to conduct background checks by
law, YDI voluntarily agrees to register with the Florida Department of Law
Enforcement ("FDLE") to participate in the Volunteer & Employee Criminal
History System ("VECHS") for background checks, as authorized by the National
Child Protection Act ("NCPA"), as amended, and Florida Statute 943.0542
(1999), as may be amended from time to time. YDI agrees to secure the highest
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level of background screening available under VECHS, and that this level of
background screening is necessary to effectively screen out those not suitable
for contact with children, the elderly or the disabled. YDI voluntarily agrees to
require such screenings in accordance with the processes and procedures set
forth by the FDLE and the FBI in order to secure criminal history information on
its employees, volunteers and applicants. YD1 acknowledges that the VECHS
program is not available to entities currently mandated to obtain background
checks by statute or other law. YDI shall pay all costs associated with such
background checks and will submit an Affidavit of Criminal Background
Screening in substantially the form attached hereto, and incorporated herein, as
"Exhibit A". YDI shall secure releases from screened parties, use said criminal
history information only as permitted by law and shall unilaterally make the
determination of a screened parties' fitness and suitability for working with
children, the elderly or the disabled. YDI shall not be required to make such a
determination under any circumstance. YDI shall submit the Affidavit of Criminal
Background Screening to City prior to beginning its operations under this
agreement. If for any reason, including denial of eligibility by the Florida
Department of Law Enforcement, YDI is unable to secure background checks in
accordance with the VECHS program, YDI shall secure the highest level of
background screening allowed by law.
e) No Unlawful Use. YDI promises and agrees that it will make or allow no
unlawful, improper or offensive use of the premises. Further, YDI understands
and agrees that this provision specifically prohibits, among other acts, the sale,
consumption or use of alcoholic beverages or controlled substances anywhere
in, on or around the Center and those adjacent areas used by YDI.
f) Signage. YDI, at its sole expense, may place an identification sign on the
Center or in the park according to City codes with the prior written approval of the
City. Any damage to signage will be the sole responsibility of YDI.
g) Use of Center for rental or special event. YDI may, in accordance with the
City's rental or special event policies, request to utilize areas of the Center
otherwise offered for rental or special event use. YDI must pay all direct
expenses associated with any rental or special event use of the building.
h) Room Set Up. YD1 shall assist City staff with the set-up, clean-up and break-
down of rooms to be used by YDI in fulfilling the Services.
7. MAINTENANCE OF THE CENTER BY YDI.
a) Custodial Maintenance. YDI shall maintain the Center and adjacent areas used
by YDI in a clean and orderly condition in accordance with City standards for the
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facility as determined by the City in its sole discretion. The City shall provide the
daily day to day maintenance of the floors, restrooms and other building common
areas and components.
b) Repair of Damage. YDI understands and agrees that it is responsible for and
will cause to be repaired at YDI's expense, damage to the Center other than
normal wear and tear caused by YDI Staff or participants.
c) Building Upgrades or Modifications. YDI understands and agrees that it is
responsible for any new upgrades or modifications to the building that are
required to meet their programming needs, with any such permanent
improvements, upgrades or modifications being subject to City written approval
as provided for herein.
8. PAYMENT FOR ALL PROGRAM OPERATING EXPENSES. YDI is responsible to
pay all operating expenses associated with their Services and operations held at the
Center including expenses for all office supplies, telephones, internet connections,
etc.
9. PAYMENT FOR FEES AND TAXES. YDI shall obtain all required licenses at its
own expense and shall be responsible for all personal property taxes as may be
assessed against the Licensed Premises during the Agreement term and shall
promptly pay same when due.
10.SCHEDULED REPORTS OF YDI ACTIVITIES. YDI shall furnish the City Parks and
Recreation Department with an annual report of activities conducted within 60 days
of the end of YDI's fiscal year. Each report is to identify the number of clients
served, the type of activities, projects and programs offered and costs of such
services.
11.CREATION, USE AND MAINTENANCE OF FINANCIAL RECORDS. YDI shall
create and maintain financial and accounting records, books, documents, policies,
practices, procedures and any information necessary in accordance with generally
accepted accounting principles to reflect fully the financial activities of YDI. Such
records shall be available and accessible at all times for inspection, review, or audit
by authorized City representatives.
12. PUBLIC RECORDS LAW. In addition to all other agreement requirements as
provided by law, the Provider agrees to comply with public records law.
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IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092,
Rosemarie.Call@myclearwater.com, 112 S. Osceola Ave., Clearwater,
FL 33756.
The Provider's agreement to comply with public records law applies specifically to:
a) Keep and maintain public records required by the City of Clearwater (hereinafter
"public agency") to perform the service being provided by the provider hereunder.
b) Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided for in Chapter 119, Florida Statutes, as may be amended from time
to time, or as otherwise provided by law.
c) Ensure that the public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law for the duration of the agreement term and following completion of the
agreement if the provider does not transfer the records to the public agency.
d) Upon completion of the agreement, transfer, at no cost, to the public agency all
public records in possession of the provider or keep and maintain public records
required by the public agency to perform the service. If the provider transfers all
public records to the public agency upon completion of the agreement, the
provider shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If the provider keeps
and maintains public records upon completion of the agreement, the provider
shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the public agency, upon request from
the public agency's custodian of public records, in a format that is compatible
with the information technology systems of the public agency.
e) A request to inspect or copy public records relating to a public agency's
agreement for services must be made directly to the public agency. If the public
agency does not possess the requested records, the public agency shall
immediately notify the provider of the request, and the provider must provide the
records to the public agency or allow the records to be inspected or copied within
a reasonable time.
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f) The provider hereby acknowledges and agrees that if the provider does not
comply with the public agency's request for records, the public agency shall
enforce the agreement provisions in accordance with the agreement.
g) A provider who fails to provide the public records to the public agency within a
reasonable time may be subject to penalties under Section 119.10, Florida
Statutes.
h) If a civil action is filed against a provider to compel production of public records
relating to a public agency's agreement for services, the court shall assess and
award against the provider the reasonable costs of enforcement, including
reasonable attorney fees, if:
i) The court determines that the provider unlawfully refused to comply with the
public records request within a reasonable time; and
ii) At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the provider
has not complied with the request, to the public agency and to the provider.
1) A notice complies with subparagraph (h)ii. if it is sent to the public agency's
custodian of public records and to the provider at the provider's address listed on
its agreement With the public agency or to the provider's registered agent. Such
notices must be sent by common carrier delivery service or by registered, Global
Express Guaranteed, or certified mail, with postage or shipping paid by the
sender and with evidence of delivery, which may be in an electronic format.
A provider who complies with a public records request within eight business days
after the notice is sent is not liable for the reasonable costs of enforcement.
j)
13.ASSIGNMENT OR SUBLEASE. This Agreement may not be assigned by YDI. Any
attempted assignment of the rights and obligations provided for herein shall be of no
force or effect and shall upon such attempted assignment or transfer, render this
Agreement null and void in its entirety.
14.ALTERATIONS AND IMPROVEMENTS. Any modifications or improvements to any
portion of the Center to be used by YDI hereunder, must be approved in writing in
advance by the Parks and Recreation Director, to the extent that the Parks and
Recreation Director has the authority to so approve, or by the Clearwater City
Council. Any improvements shall become the property of the City upon expiration or
termination of this Agreement.
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15.RISK OF LOSS. YDI is responsible to insure its personal property. All personal
property placed or moved in the Center premises shall be at the risk of YDI or owner
thereof. The City shall not be responsible or liable to YDI for any loss or damage that
may be occasioned by or through the acts or omissions of persons occupying the
premises or adjoining premises or any part of the premises adjacent to or connected
with the premises or any part of the building which the Licensed Premises are a part
or for any loss or damage resulting to YD1 or its property from bursting, stopped up
or leaking water, gas, sewer or steam pipes unless the same is due to the
negligence of the City, its agents, servants or employees, to the extent of Florida
Statute 768.28.
16. RIGHT OF ENTRY. The City, or any of its agents, shall have the right to enter said
premises, including the area designated for YDI's exclusive use hereunder during all
reasonable hours, to examine the same to make such repairs, additions or
alterations as may be deemed necessary for the safety, comfort, or preservation
thereof. Right of entry shall likewise exist for the purpose of removing placards,
signs, fixtures, alterations or additions, which do not conform to this Agreement. City
agrees to give reasonable notice to YDI before entry to their office area.
17. RESTORING PREMISES TO ORIGINAL CONDITION. YDI represents that the
premises licensed are in good, sanitary and tenantable condition for use by YD1.
YDI's acceptance or occupancy of the licensed premises shall constitute recognition
of such condition. YDI hereby accepts the premises in the condition they are in at
the beginning of this Agreement and agrees to return the premises to their original
condition at the expiration of the term, excepting only reasonable wear and tear
arising from the use thereof under this Agreement.
18.INSURANCE. YDI shall independently procure at its own expense and maintain
during the term of this Agreement insurance as shown below:
a) A Comprehensive General Liability policy covering claims for injuries to persons
or damage to property which may arise from or in connection with use of the
Center premises by YDI including all activities occurring thereon in the minimum
amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two
million dollars) general aggregate. This coverage should include liability
coverage for actual, threatened or alleged acts of physical abuse, sexual abuse,
sexual molestation or sexual misconduct caused by the Provider and to include
this coverage for their volunteers and subcontractors.
b) A Commercial Automobile Liability Policy covering claims for injuries to persons
or damage to property that arise from or in connection with use of a motor vehicle
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owned by YDI in the minimum amount of $1,000,000 (one million dollars)
combined single limit.
c) Except for workers' compensation, each insurance policy issued as a
requirement of this Agreement shall name the City of Clearwater as an additional
named insured. The coverage shall contain no special limitations on the scope of
protection afforded to the City, its officials, employees, agents or volunteers.
d) With regard to any insurance policy for liability and workers' compensation
coverages that would pay third party losses, YMI agrees to obtain an
endorsement granting a waiver of subrogation which any insurer may acquire
against the City by virtue of the payment of any loss under such policy.
e) YDI shall furnish the City with Certificate(s) of Insurance with all endorsements
affecting coverage required by this section. These forms shall be received and
approved by the Parks and Recreation Director before execution of this
Agreement by authorized City officials.
f) Workers' Compensation: YDI shall provide worker's compensation insurance
for all their employees in an amount at least equal to the statutory limits of
coverage according to applicable State and Federal laws. In addition, the policy
shall include employer's liability coverage with a limit of $500,000 (five hundred
thousand dollars) each employee and each accident, $500,000 (five hundred
thousand dollars) each employee by disease, and $500,000 (five hundred
thousand dollars) by disease policy limit.
19. LIABILITY AND INDEMNIFICATION. YDI shall act as an independent contractor
and agrees to assume all risks of occupying the Licensed Premises, or other use of
the center as provided for hereunder, and all liability therefore, and shall defend,
indemnify, and hold harmless the City, its officers, agents, and employees from and
against any and all claims of loss, liability, and damages of whatever nature, to
persons and property, including, without limiting the generality of the foregoing,
death of any person and loss of the use of any property, except claims arising from
the negligence or willful misconduct of the City or City's agents or employees. This
includes, but is not limited to, matters arising out of or claimed to have been caused
by or in any manner related to YDI's activities or those of any approved or
unapproved invitee, contractor, subcontractor, or other person approved, authorized,
or permitted by YDI in or about the premises whether or not based on negligence.
Nothing herein shall be construed to waive or modify the- provisions of Section
768.28, Florida Statutes or the doctrine of sovereign immunity. Nothing herein shall
be construed as allowing for a claim by a third party to this Agreement. This
provision shall survive termination of this Agreement.
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20.NON-DISCRIMINATION. Notwithstanding any other provisions of this Agreement
during the term of this Agreement, YDI for itself, agents and representatives, as part
of the consideration for this Agreement, does covenant and agree that:
a) Non-discrimination: YDI agrees that no person shall, on the grounds of race,
color, sex, handicap, national origin, religion, citizenship, disability, marital status,
age or political belief, be excluded from participation in, denied the benefit(s) of,
or be otherwise discriminated against as an employee, volunteer, or client of YDI,
except that programs may designate services for specific client groups as
defined by the program guidelines. YDI agrees to maintain access to
handicapped persons in accordance with applicable law.
b) Breach of Non-discrimination Covenants: In the event of conclusive evidence
of a breach of any of the above non-discrimination covenants, the City shall have
the right to terminate this Agreement immediately upon the giving of notice, as
the giving of notice is required herein.
21.SUBORDINATION. This Agreement and the rights of YDI hereunder are hereby
made subject and subordinate to all bona fide mortgages or other instruments of
security now or hereafter placed upon the said premises by the City provided,
however, that such mortgages and other instruments of security will not cover the
equipment and furniture or furnishings on the premises owned by YDI. YDI further
agrees to execute any instrument of subordination, which might be required by
mortgagee of the City.
22. DEFAULT, REMEDIES, TERMINATION BY CITY.
a) For Cause: Failure to adhere to any of the provisions of this Agreement by YDI
shall constitute a Default hereunder and shall be cause for termination. Should
YDI fail to cure said Default within a period of 30 days after notice in writing by
the City, this Agreement shall terminate.
b) For Municipal Purpose: In addition to the right to terminate for cause, the City
may terminate this Agreement in the event it determines that the Licensed
Premises are required for any other municipal purposes by giving 60 days'
written notice of such intended use, following which this Agreement shall
terminate.
c) In the event of termination in accordance with a municipal need as described
herein, the City represents that it will make its best effort to make available to
YDI, facilities comparable to that currently enjoyed by YD1 in exchange for
comparable financial support.
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d) Funds availability: In the event funds to finance this Agreement become
unavailable, either Party, as determined necessary in its sole discretion, may
terminate this Agreement upon no less than twenty-four hours' notice in writing to
the other party. Said notice shall be delivered by certified mail, return receipt
requested, or in person with proof of delivery. Each Party shall endeavor,
whenever possible and consistent with its legal obligations and principals of
prudent management to provide 30 days' notice for termination for Lack of
Funds.
23. MISCELLANEOUS.
a) This Agreement shall bind the City and its assigns or successors, and YDI and
assigns and successors of YDI, as permitted hereunder.
b) It is understood and agreed between the parties hereto that time is of the
essence of this Agreement and this applies to all terms and conditions contained
herein.
c) The rights of the City under the foregoing shall be cumulative, and failure on the
part of the City to exercise promptly any rights given hereunder shall not operate
to forfeit any of the said rights.
d) It is understood that no representations or promises shall be binding on the
parties hereto except those representations and promises contained herein or in
some future writing executed by both Parties.
24. Radon Gas Notification, as required by Florida Statute 404.056(8):
Radon Gas: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons
who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county health unit.
25. NOTICE. Any notice required or permitted to be given by the provisions of this
Agreement shall be conclusively deemed to have been received by a party hereto on
the date it is hand -delivered to such party at the address indicated below (or at such
other address as such party shall specify to the other party in writing), or if sent by
registered or certified mail (postage prepaid), when actually received or on the fifth
(5th) business day after the day on which such notice is mailed and properly
addressed, whichever is earlier.
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a) If to City, addressed to Parks and Recreation Director, P.O Box 4748,
Clearwater, FL 33758.
b) If to YDI, addressed to Youth Development Initiatives, Inc., 900 North Martin
Luther King, Jr. Avenue, Clearwater, FL 33755.
26.SEVERANCE. The invalidity or unenforceability of any portion of this Agreement
shall in nowise affect the remaining provisions and portions hereof.
27.CAPTIONS. The paragraph captions used throughout this Agreement are for the
purpose of reference only and are not to be considered in the construction of this
Agreement or in the interpretation of the rights or obligations of the parties hereto.
28. NO HAZARDOUS MATERIALS. YDI herewith covenants and agrees that no
hazardous materials, hazardous waste, or other hazardous substances will be used,.
handled, stored or otherwise placed upon the property or, in the alternative, that
such materials, wastes or substances may be located on the property, only upon the
prior written consent of the City hereunder, and only in strict accord and compliance
with any and all applicable state and federal laws and ordinances. In the event such
materials are utilized, handled, stored or otherwise placed upon the property, YDI
expressly herewith agrees to indemnify and hold City harmless from any and all
costs incurred by City or damages as may be assessed against City in connection
with or otherwise relating to said hazardous materials, wastes or substances at any
time, without regard to the term of this Agreement. This provision shall survive the
termination hereof.
29.GOVERNING LAWS. The laws of the State of Florida shall govern this Agreement;
any action brought by either party shall lie in Pinellas County, Florida.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date set forth above.
Signed: YOUTH DEVELOPMENT INITIATIVE, INC.
BY: GOZNAin,l
Aiana Brown, Executive Director
Countersigned:
By:
Jenni er�,Pbirrrier
City Manager
CITY OF CLEARWATER, FLORIDA
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EXHIBIT "A"
AFFIDAVIT OF CRIMINAL BACKGROUND SCREENING
PROVIDER NAME:
DATE:
By signing this form, I am swearing or affirming that all individuals employed by
(Provider) or providing services to
City under this Agreement on behalf of Provider on City property have been background
screened in accordance with the background screening requirements set forth in the
Agreement and been deemed eligible by Provider to provide services as described in
the Agreement. The information contained in this Affidavit is up to date as of the date
this Affidavit is furnished to City Parks and Recreation Department per the requirements
of Section 6 (d) of the Agreement.
All individuals providing services under the Agreement on City property are listed below.
Each individual shall be identified by name, birth date and date deemed eligible.
(List of Individuals)
Signature of Affiant
Sworn to and subscribed before me this day of , 20
Notary Public
My Commission Expires:
My signature, as Notary Public, verifies the Affiant's identification has been validated by
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