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HomeMy WebLinkAboutCO 2025-085 - Advanced Utility ServicesDocusign Envelope ID: A370BF58-65O64lD9-868E-IFBE4DlBAE98 SUPPORT AND MAINTENANCE AGREEMENT THIS AGREEMENT made as of the 1st day of January, 2026. BETWEEN: RECITALS N. HARRIS COMPUTER CORPORATION ("Harris") - and — City of Rancho Cucamonga CONTRACT NUMBER 2025-085 THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ("Organization") 1. Harris has licensed to Organization certain Software pursuant to a Software License Agreement; 2. The Organization wishes to receive support and maintenance services related to the Software; 3. Harris shall provide the support and maintenance services related to the Software; NOW THEREFORE, in consideration of the mutual covenants set out in this support and maintenance agreement (the "Support and Maintenance Agreement") and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the parties agree as follows: 1. Defined terms: (1) "Release" means an Update and an Upgrade. (2) "Sofhvare" means the software products that are listed in Exhibit 1 and includes any Update(s) or Upgrade(s) that have been provided to Organization. Third Party Software is not included in the definition of Software except where this License Agreement explicitly states otherwise. (3) "Update" means any published changes, additions or corrections to the Software that primarily include a minor modification or enhancement to the Software related to a bug fix, minor additional functionality or legislative changes. An Update is designated by a change in the right -most digit in the version number (for example, a change from X.l to X.2). (4) "Upgrade" means a major overhaul of the Software which is a complete new published version of the Software that modifies, revises or alters the Software and adds features, functionality or enhancements to such Software. An Upgrade is designated by a change in the number to the left of the decimal point in the version number (for example, a change from 1.X to 2.X. 2. This Support and Maintenance Agreement is the exclusive statement of the entire support and maintenance agreement between Harris and Organization. 3. Harris shall provide software support primarily via telephone and electronic mail in addition to site visits only when necessary. The support services will be provided only during the hours of operation as described in Exhibit 2 hereto and which are in effect as of the Start Date (January 1, 2026), as such services may, at Harris’s sole discretion, be modified or supplemented from time to time. To enable Harris to provide effective support, the Organization will establish auto remote access procedures compatible with Harris’s then current practices which may be revised over time. 4. This Support and Maintenance Agreement becomes effective from the date hereof. 5. In consideration for the support services specified in Section 2, Organization shall pay the “Support and Maintenance Fee” as detailed in Exhibit 1 below. The Support and Maintenance Fee will be billed annually in advance each year of the Term (including any renewals or extensions) beginning on the Start Date and thereafter on the anniversary of the Start Date or on an alternative date mutually agreed to by both parties. Harris may change the Support and Maintenance Fee from time to time on each one-year anniversary of the Agreement during its Term (including any renewal terms) but Organization shall only be billed once per year. 6. In addition to the Support and Maintenance Fee, Organization shall reimburse Harris for its direct expenses in providing support services (“Billable Fees”) pursuant to this Agreement which include: (i) its direct travel expenses which are excluded from the total fees amount described in the Statement of Work, including, but not limited to hotel, airfare, car rental, tolls, parking and airline and travel agent fees; (ii) courier services, photocopying, faxing and reproduction, all reasonable travel costs (hotel and airfare) including a travel time rate of $75.00 per hour; (iii) a per diem rate of $70.00 for week days and a $140.00 for weekends and statutory holidays that includes all meal, food and telecommunications expenses (no receipts will be provided); (iv) a mileage charge based on the current U.S. Internal Revenue Service recommended rate per mile, long distance telephone calls; and (v) all other reasonable expenses incurred in the performance of Harris's duties including courier services and documentation copying or production. 7. Harris may update its reimbursement policies and rates related to the Billable Fees from time to time, in which case such updated policies shall apply for purposes of this Agreement, provided that such updated reimbursement policies must generally apply to all clients of Harris. 8. Harris shall supply all Updates to Organization at no additional charge other than the payment of the Support and Maintenance Fee. Updates and Upgrades may require additional services to be performed by Harris outside of the scope of those services provided by Harris including additional training not covered by any agreement(s) for the installation and implementation of the Update and Upgrades that will be subject to the Harris’s then-prevailing policies, terms and Billable Fees related to pricing and hourly rates. All such services shall be performed subject to a newly negotiated Scope Docusign Envelope ID: A370BF58-6506-41D9-868E-1FBE4D1BAE98 of Work. 9. All Updates of the Software and all those services listed in Exhibit 2 which are included as part of Organization’s Software support will be made available to Organization at no additional charge, except where Exhibit 2 expressly indicates that a service is billable. Such services will otherwise be covered under the Support and Maintenance Fees. 10. All payments hereunder shall be in U.S. dollars and shall be net of any taxes, tariffs or other governmental charges. Harris shall be responsible for paying all taxes, fees, assessments and premiums of any kind payable on its employees and operations. Any tax Harris may be required to collect or pay upon the sale, use or delivery of the support and maintenance services described in this Support and Maintenance Agreement shall be paid by Organization and such sums shall be due and payable to Harris upon receipt of an invoice therefore. Any taxes levied in relation to the services required for a Release shall be paid by Organization. For the sake of clarity, all of the fees listed in this Support and Maintenance Agreement are not inclusive of any applicable taxes: the Organization shall be responsible for the payment of any applicable duties and sales/consumption taxes. 11. The initial term of this Support and Maintenance Agreement shall be five (5) years. Upon expiration of the initial term, this Support and Maintenance Agreement may be renewed for an additional term of two (2) years, unless terminated by either party upon giving to the other not less than 90 days’ notice in writing prior to the end of the initial term or any subsequent anniversary of such date. Organization shall pay the then prevailing Support and Maintenance Fee in advance for each term of the Support and Maintenance Agreement and where the notice of non-renewal has not been provided in accordance with these terms, the Organization is obliged to pay the Support and Maintenance Fee for the then applicable term; notwithstanding the foregoing, all ongoing annual support and maintenance fees are subject to five percent (5%) annual increase, or Consumer Price Index for All Urban Consumers (CPI—U), Riverside-San Bernardino-Ontario, CA area, whichever is greater. The CPI-U used for adjustments shall be the CPI-U last officially published at the time of invoicing prior to the last day of each applicable year of the term (whether initial or any renewal period), as applicable, whether such CPI-U has been published on a monthly, quarterly, semi-annual, or other basis. The termination of this Support and Maintenance Agreement by Organization shall not affect the existing license agreement(s). Harris shall neither refund any Support and Maintenance Fees nor any Billable Fees if this Support and Maintenance Agreement is terminated. Organization acknowledges that if this Support and Maintenance Agreement is terminated, then it will not be eligible to receive the benefits of this Support and Maintenance Agreement including the right to Releases or to access the source code in escrow upon the occurrence of any event of default. 12. Title to and ownership of all proprietary rights in the Releases and all related proprietary information supplied by Harris in providing the services pursuant to this Support and Maintenance Agreement shall at all times remain with Harris, and Organization shall acquire no proprietary rights by virtue of this Support and Maintenance Agreement. 13. Harris shall have the right to terminate this Support and Maintenance Agreement Docusign Envelope ID: A370BF58-6506-41D9-868E-1FBE4D1BAE98 immediately if: (a) Organization attempts to assign this Support and Maintenance Agreement or any of its rights hereunder without complying with the relevant license agreement; or (b) Organization has not paid an invoice within ninety (90) days of the start of a renewal term. 14. Unless otherwise agreed to by the parties, all notices required hereunder shall be made in accordance with the provisions of the relevant license agreement. 15. Either party’s lack of enforcement of any provision in this Support and Maintenance Agreement in the event of a breach by the other shall not be construed to be a waiver of any such provision and the non-breaching party may elect to enforce any such provision in the event of any repeated or continuing breach by the other. 16. The parties agree that the terms and conditions contained herein shall prevail notwithstanding any variations on any orders, e-mails or other correspondence submitted by Organization. 17. The particular provisions of this Support and Maintenance Agreement shall be deemed confidential in nature and neither Organization nor Harris shall divulge any of its provisions as set forth herein to any third party except as may be required by law. 18. (a) Termination of this Support and Maintenance Agreement shall not affect any right of action of either party arising from anything which was done or not done, as the case may be, prior to the termination taking effect. (b) The Organization and Harris recognize that circumstances may arise entitling the Organization to damages for breach or other fault on the part of Harris arising from this Support and Maintenance Agreement. The parties agree that in all such circumstances the Organization’s remedies and Harris’s liabilities will be limited as set forth below and that these provisions will survive notwithstanding the termination or other discharge of the obligations of the parties under this Support and Maintenance Agreement. (c) FOR BREACH OR DEFAULT BY HARRIS OR OTHERWISE IN CONNECTION WITH THIS SUPPORT AND MAINTENANCE AGREEMENT, INCLUDING A BREACH OR DEFAULT ENTITLING THE ORGANIZATION TO RESCIND OR BE DISCHARGED FROM THE PROVISIONS OF THIS SUPPORT AND MAINTENANCE AGREEMENT, THE ORGANIZATION’S EXCLUSIVE REMEDY, IN ADDITION TO ELECTING IF SO ENTITLED TO RESCIND OR BE DISCHARGED FROM THE PROVISIONS OF THIS SUPPORT AND MAINTENANCE AGREEMENT, SHALL BE PAYMENT BY HARRIS OF THE ORGANIZATION’S DIRECT DAMAGES TO A MAXIMUM AMOUNT EQUAL TO, AND HARRIS SHALL IN NO EVENT BE LIABLE IN THE AGGREGATE ONE (1) MILLION DOLLARS. (d) IN NO EVENT SHALL ANY DAMAGES INCLUDE, NOR SHALL HARRIS BE LIABLE FOR, ANY SPECIAL, INDIRECT OR Docusign Envelope ID: A370BF58-6506-41D9-868E-1FBE4D1BAE98 CONSEQUENTIAL DAMAGES EVEN IF HARRIS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HARRIS SHALL NOT BE LIABLE FOR LOST PROFITS, LOST BUSINESS REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS, OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, OR FOR ANY CLAIM WHATSOEVER AGAINST THE ORGANIZATION BY ANY OTHER PARTY. (e) CLAUSES (i) AND (ii) SHALL APPLY IN RESPECT OF ANY CLAIM, DEMAND OR ACTION BY THE ORGANIZATION IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM, DEMAND OR ACTION, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, RESCISSION OF CONTRACT, OR TORT. 19. The parties hereby confirm that the waivers and disclaimers of liability, releases from liability, limitations and apportionments of liability, and exclusive remedy provisions expressed throughout this Support and Maintenance Agreement shall apply even in the event of default, negligence (in whole or in part), strict liability or breach of contract of the person released or whose liability is waived, disclaimed, limited, apportioned or fixed by such remedy provision, and shall extend to such person’s affiliates and to its shareholders, directors, officers, employees and affiliates. 20. Where remedies are expressly afforded by this Support and Maintenance Agreement, such remedies are intended by the parties to be the sole and exclusive remedies of the Organization for liabilities of the Harris arising out of or in connection with this Support and Maintenance Agreement, notwithstanding any remedy otherwise available at law or in equity. 21. This Agreement will be governed by the law of the state of California. In the event of a dispute over this agreement, exclusive venue shall be in the United States District Court in Rancho Cucamonga, California; provided, however, that if subject matter jurisdiction is improper in said federal court, it shall be had in the Circuit Court in the City of Rancho Cucamonga, California. The Uniform Computer Information Transaction Act will not apply even if adopted as part of the laws of California. The United Nations Convention on Contracts for the International Sale of Goods (UNCCISG) does not apply to this Agreement. 22. This Support and Maintenance Agreement may not be assigned by the Organization unless, concurrently with any such assignment, the Organization assigns its rights under, and complies with the provisions of the relevant license agreement. 23. This Support and Maintenance Agreement shall be binding upon the successors and assigns of the parties and inure to the benefit of the successors and permitted assigns of the parties. 24. The invalidity or unenforceability of any provision or covenant contained in this Support and Maintenance Agreement shall not affect the validity or enforceability of any other provision or covenant herein contained and any such invalid provision or covenant shall be deemed to be modified to the extent necessary in order to render such provision valid and enforceable; if such provision may not be so saved, it Docusign Envelope ID: A370BF58-6506-41D9-868E-1FBE4D1BAE98 shall be severed and the remainder of this Agreement shall remain in full force and effect. . 25. This Support and Maintenance Agreement may be executed in counterparts (whether by facsimile signature or in PDF format via e-mail or otherwise), each of which when so executed shall constitute an original and all of which together shall constitute one and the same agreement. IN WITNESS WHEREOF, the Parties have executed this Support and Maintenance Agreement to be effective as of January 1, 2026. N. HARRIS COMPUTER CORPORATION Per: Name: Title: CITY OF RANCHO CUCAMONGA, CALIFORNIA Per: Name: Title: Docusign Envelope ID: A370BF58-6506-41D9-868E-1FBE4D1BAE98 Mark Wilkinson Executive Vice President L. Dennis Michael Mayor/President Exhibit 1 Annual Support and Maintenance Fee Payment Schedule January 1, 2026 – December 31, 2026 • CIS Infinity – annual fee………………………….………………… $60,245.27 • Infinity.Link – annual fee………………………….…………………$20,479.64 • Learning Management System (LMS) – annual fee…….………….$ 5,664.33 *10 maximum LMS users and 1 ticket for annual Harris Customer Training Conference (HCTC) These fees assume no additional licenses are added. In the event that additional licenses for CIS Infinity are purchased, the Annual Support and Maintenance Fee will increase in accordance with the license purchase fees. Docusign Envelope ID: A370BF58-6506-41D9-868E-1FBE4D1BAE98 Exhibit 2 Standard Support and Maintenance Services – Standard Guidelines The purpose of this Exhibit 2 is to provide our customers with information on our standard coverage, the services which are included as part of your annual software support, a listing of call priorities, an outline of our escalation procedures and other important details. Harris reserves the right to make modifications to this document as required; provided, however, Harris shall not reduce the scope of support provided hereunder without the prior consent of the Organization. The services listed below are services that are included as part of your software support. • 800 Toll Free Telephone support • Software for Life - Guaranteed Support on your existing applications for life - Scheduled assistance for installations, updates/upgrades and other special projects (there may be charges depending on the scope of work) • Technical troubleshooting and issue resolution • E-mail support call logging and notification • eSupport access 24 x 7 with the following on-line benefits: - Log and close calls - View and update calls - Update contact information - Access published documentation - Access available downloads - Access Support knowledge base - Participate in Discussion Forums • Standard software releases and updates - Defect corrections (as warranted) - Planned enhancements - State and/or Federal mandated changes (charges may exist depending on scope) - Participation in beta program - Online Release notes • Customer Care Program - Quarterly News Letter - Technical support check-ins - Communication on new products and services - On-site visits (as required) • Design review for potential enhancements or custom modifications • Ability to attend the annual customer conference (attendance fees apply) Docusign Envelope ID: A370BF58-6506-41D9-868E-1FBE4D1BAE98 Help Desk Hours Our standard hours of support are from 8:00 a.m. EST to 8:00 p.m. EST, Monday to Friday, excluding designated statutory holidays. After-hours/emergency telephone support is available outside of the standard hours for critical issues requiring immediate attention. Weekend and holiday assistance is available and must be scheduled in advance and in most cases is billable. Response Times Response times will vary and are dependent on the priority of the call. We do our best to ensure that we deal with incoming calls in the order that they are received, however calls will be escalated based on the urgency of the issue reported. Our response time guidelines are as follows: Priority 1: 1 - 4 hours Priority 2: 1 - 8 hours Priority 3: 1 - 24 hours Call Priorities In an effort to assign our resources to incoming calls as effectively as possible, we have identified three types of call priorities, 1, 2 and 3. A Priority 1 call is deemed by our support staff to be an Urgent or High Priority call, Priority 2 is classified as a Medium Priority and Priority 3 is deemed to be a Low Priority. The criteria used to establish guidelines for these calls are as follows: Priority 1 – High • Security issues • System Down (Software Application, Hardware, Operating System, Database) • Inability to process bills • Program errors without workarounds • Aborted postings or error messages preventing data integration and update • Performance issues of severe nature impacting critical processes Priority 2 - Medium • System errors that have workarounds • Reports calculation issues • Printer related issues (related to interfaces with our software and not the printer itself) • Hand-held issues not preventing billing • Performance issues not impacting critical processes • Usability issues • Workstation connectivity issues (Workstation specific) Priority 3 - Low • Report formatting issues • Training questions, how to, or implementing new processes • Aesthetic issues • Issues with workarounds • Recommendations for enhancements on system changes • Questions on documentation Docusign Envelope ID: A370BF58-6506-41D9-868E-1FBE4D1BAE98 Call Process All issues or questions reported to support are tracked via a support call or ticket; our support analysts cannot provide assistance unless a support call or ticket is logged. Our current process for logging calls and tickets includes the following: eSupport (via website), email, phone and fax. • Your ticket must contain at a minimum: your organization name, contact person, software product and version, module and/or menu selection, nature of issue, detailed description of your question or issue and any other information you believe pertinent. • Our ticketing system or one of our support analysts will provide you with a ticket ID to track your issue. • Your ticket will be assigned to the first available support representative. • As the support representative assigned to your ticket investigates your issue, you will be contacted and advised as to where the issue stands and the course of action that will be taken for resolution. If we require additional information, you will be contacted by the assigned support representative to supply the information required. • All correspondence and actions associated with your ticket will be tracked in our support ticketing system. At any time, if available to you, you may log onto our ticketing system to see the status of your call. • Once your issue has been resolved, you will receive an automated notification by email that your ticket has been closed. This email will contain the entire event history of the issue from the time the ticket was created and leading up to the resolution of the issue. You also have the option of viewing both your open and closed tickets, if available to you, via our support ticketing system. • Contact the support department at your convenience for a status update on your development issues, or log onto our ticketing system (if available to you) to view your issues on-line. Escalation Process Our escalation process is defined below. This process has been put in place to ensure that issues are being dealt with appropriately. If at any time you are not completely satisfied with the resolution of your issue, you are encouraged to escalate with the support department as follows: Level 1: Contact the Technical Analyst working on your issue Level 2: Contact the Team Lead Level 3: Contact the Manager of support Level 4: Contact the Director, Vice President of support Level 5: Contact the Executive Vice President Docusign Envelope ID: A370BF58-6506-41D9-868E-1FBE4D1BAE98 Holiday Schedule Below is a listing of statutory holidays. Please note that support services will be closed on designated days as outlined below. New Year's Day (January 1) Family Day (3rd Monday in February; usually coincides with President’s Day) Good Friday Victoria Day (May, Monday preceding May 25th) Canada Day (July 1) Civic Holiday (August, first Monday) Labour Day (same for USA and Canada) Thanksgiving (Canada – 2nd Monday in October) Christmas Eve (Early Closure) Christmas Day (Dec 25) Boxing Day (Dec 26) New Year’s Eve (Early Closure) Billable Support Services The services listed below are services that are out of scope of your support and maintenance agreement and are therefore considered billable services. • Extended telephone training • Forms redesign or creation (includes Bill Prints, Notice Prints and Letters) • Setup and changes to interfaces or creation of new interface • Setup of new services or changes to services (PAP, ACH, etc.) • File imports/exports • Custom modifications (reports, bills, forms, reversal of customizations) • Setting up additional companies / agencies / tokens / general ledgers • Data conversions / global modification to setup table data • Database maintenance, repairs and optimization • Installations / re-installations (workstations, servers) Test Databases and Environments We support customers in the maintenance of independent test environments for testing purposes. This allows customers the opportunity to test fixes, modifications, new business processes and/or scenarios without risking any potentially unwanted changes to the live environment. Connection Methods To ensure we can effectively support our clients, we require that a communication link is established and maintained between our two sites. It is the Organization’s responsibility to ensure the connection is valid at your location so that we can connect to your site and resolve any issues. Our preferred method of connection is through Remote Desktop which can be accomplished using a VPN account and the MS Windows Remote Desktop client or a variety of remote connection tools (logmein.com, TeamViewer, join.me, VNC, etc). Harris will work with the client to establish a mutually agreeable remote connection policy. Docusign Envelope ID: A370BF58-6506-41D9-868E-1FBE4D1BAE98 Electronic Record and Signature Disclosure Certificate Of Completion Envelope Id: A370BF58-6506-41D9-868E-1FBE4D1BAE98 Status: Completed Subject: Complete with Docusign: Contract No. 2025-084.pdf, Contract No. 2025-085.pdf Source Envelope: Document Pages: 40 Signatures: 4 Envelope Originator: Certificate Pages: 5 Initials: 0 Trina Valdez AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) trina.valdez@cityofrc.us IP Address: 199.201.174.250 Record Tracking Status: Original 9/3/2025 7:32:50 AM Holder: Trina Valdez trina.valdez@cityofrc.us Location: DocuSign Signer Events Signature Timestamp Mark Wilkinson MWilkinson@advancedutility.com Executive Vice President Advanced Utility Systems Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 170.55.84.66 Sent: 9/3/2025 7:41:38 AM Viewed: 9/3/2025 12:24:36 PM Signed: 9/5/2025 1:53:47 PM Electronic Record and Signature Disclosure: Accepted: 9/3/2025 12:24:36 PM ID: c6b1e541-eebb-446f-9d58-a3dd31b1a153 L. Dennis Michael dennis.michael@cityofrc.us Mayor/President City of Rancho Cucamonga Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 172.116.88.134 Signed using mobile Sent: 9/8/2025 10:29:15 AM Viewed: 9/8/2025 10:30:50 AM Signed: 9/8/2025 10:31:37 AM Electronic Record and Signature Disclosure: Accepted: 2/9/2024 6:38:34 AM ID: af10cf43-a717-4bff-b38f-547702baac4d In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Trina Valdez trina.valdez@cityofrc.us Rancho Cucamonga Municipal Utility Security Level: Email, Account Authentication (None) Using IP Address: 199.201.174.250 Sent: 9/5/2025 1:53:50 PM Viewed: 9/8/2025 10:29:15 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Certified Delivery Events Status Timestamp City Clerk ClerkContracts@cityofrc.us City Clerk City of Rancho Cucamonga Security Level: Email, Account Authentication (None) Using IP Address: 199.201.174.250 Sent: 9/8/2025 10:31:40 AM Viewed: 9/8/2025 10:51:24 AM Electronic Record and Signature Disclosure: Accepted: 7/25/2022 12:27:29 PM ID: 578ceeb0-8f39-4d98-9bc1-cab7a1d9cdf5 Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/3/2025 7:41:38 AM Certified Delivered Security Checked 9/8/2025 10:51:24 AM Signing Complete Security Checked 9/8/2025 10:31:37 AM Completed Security Checked 9/8/2025 10:51:24 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Rancho Cucamonga Municipal Utility (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 3/4/2021 1:28:27 PM Parties agreed to: Mark Wilkinson, L. Dennis Michael, City Clerk, Mark Wilkinson, L. Dennis Michael, City Clerk Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Rancho Cucamonga Municipal Utility: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: trina.valdez@cityofrc.us To advise Rancho Cucamonga Municipal Utility of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at trina.valdez@cityofrc.us and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Rancho Cucamonga Municipal Utility To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to trina.valdez@cityofrc.us and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Rancho Cucamonga Municipal Utility To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to trina.valdez@cityofrc.us and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:  You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and  Until or unless you notify Rancho Cucamonga Municipal Utility as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Rancho Cucamonga Municipal Utility during the course of your relationship with Rancho Cucamonga Municipal Utility.