Loading...
HomeMy WebLinkAboutCO 2025-188 - Omega Environmental Services, Inc. CITY OF RANCHO CUCAMONGA PUBLIC WORKS SERVICES DEPARTMENT CONTRACT OMEGA ENVIRONMENTAL FOR ENVIRONMENTAL MANAGEMENT SERVICES AWARD DATE: September 10, 2025 City of Rancho Cucamonga CONTRACT NUMBER 2025-188 Docusign Envelope ID: D0F35AA0-35E2-423A-A679-C623BBD1F391 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 10th day of September, 2025, by and between the City of Rancho Cucamonga, a municipal corporation (“City”) and the Rancho Cucamonga Fire Protection District (“RCFPD”) and Omega Environmental (“Contractor”). RECITALS A. City and RCFPD has heretofore issued its request for proposals to perform the following services: Environmental Management Services (“the Project”). B. Contractor has submitted a proposal to perform the services described in Recital “A”, above, necessary to complete the Project. C. City and RCFPD desires to engage Contractor to complete the Project in the manner set forth and more fully described herein. D. Contractor represents that it is fully qualified and licensed under the laws of the State of California to perform the services contemplated by this Agreement in a good and professional manner. AGREEMENT NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: 1. Contractor’s Services. 1.1 Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, City and RCFPD hereby engages Contractor to perform all services described in Recitals “A” and “B” above, including, but not limited to environmental and hazmat testing; all as more fully set forth in Contractor’s proposal, dated September 8, 2025 attached hereto as Exhibit A, hereinafter entitled “Scope of Work”, and incorporated by reference herein. The nature, scope, and level of the services required to be performed by Contractor are set forth in the Scope of Work and are referred to herein as “the Services.” In the event of any inconsistencies between the Scope of Work and this Agreement, the terms and provisions of this Agreement shall control. 1.2 Revisions to Scope of Work. Upon request of the City and RCFPD, the Contractor will promptly meet with City and RCFPD staff to discuss any revisions to the Project desired by the City and RCFPD. Contractor agrees that the Scope of Work may be amended based upon said meetings, and, by amendment to this Agreement, the parties may agree on a revision or revisions to Contractor’s compensation based thereon. A revision pursuant to this Section that does not increase the total cost payable to Contractor by more than ten percent (10%) of the total compensation specified in Section 3, may be approved in writing by City’s Manager without Docusign Envelope ID: D0F35AA0-35E2-423A-A679-C623BBD1F391 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 2 amendment. 1.3 Time for Performance. Contractor shall perform all services under this Agreement in a timely, regular basis consistent with industry standards for professional skill and care, and in accordance with any schedule of performance set forth in the Scope of Work, or as set forth in a “Schedule of Performance”, if such Schedule is attached hereto as Exhibit “N/A”. 1.4 Standard of Care. As a material inducement to City and RCFPD to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing the Services. 1.5 Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City and RCFPD of such fact and shall not proceed except at Contractor’s risk until written instructions are received from the City and RCFPD Representative. 2. Term of Agreement. The term of this Agreement shall become effective as of the date of the mutual execution by way of both party’s signature (the “Effective Date”) through June 30, 2026. No work shall be conducted; service or goods will not be provided until this Agreement has been executed and requirements have been fulfilled. 3. Compensation. 3.1 Compensation. City and RCFPD shall compensate Contractor as set forth in Exhibit A, provided, however, that full, total and complete amount payable to Contractor shall not exceed Twenty Thousand Dollars ($20,000) for services during the City and RCFPD fiscal year ending June 30, 2026, including all out of pocket expenses, unless additional compensation is approved by the City Manager or City Council. City and RCFPD shall not withhold any federal, state or other taxes, or other deductions. However, City and RCFPD shall withhold not more than ten percent (10%) of any invoice amount pending receipt of any deliverables reflected in such invoice. Under no circumstance shall Contractor be entitled to compensation for services not yet satisfactorily performed. The parties further agree that compensation may be adjusted in accordance with Section 1.2 to reflect subsequent changes to the Scope of Services. City and RCFPD shall compensate Contractor for any authorized extra services as set forth in Exhibit A. 4. Method of Payment. Docusign Envelope ID: D0F35AA0-35E2-423A-A679-C623BBD1F391 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 3 4.1 Invoices. Contractor shall submit to City and RCFPD monthly invoices for the Services performed pursuant to this Agreement. The invoices shall describe in detail the Services rendered during the period and shall separately describe any authorized extra services. Any invoice claiming compensation for extra services shall include appropriate documentation of prior authorization of such services. All invoices shall be remitted to the City of Rancho Cucamonga, California. 4.2 City and RCFPD shall review such invoices and notify Contractor in writing within ten (10) business days of any disputed amounts. 4.3 City and RCFPD shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in Section 3. 4.4 All records, invoices, time cards, cost control sheets and other records maintained by Contractor relating to services hereunder shall be available for review and audit by the City and RCFPD. 5. Representatives. 5.1 City and RCFPD Representative. For the purposes of this Agreement, the contract administrator and City and RCFPD’s representative shall be Maritza Martinez, Public Works Services Director, or such other person as designated in writing by the City and RCFPD (“City and RCFPD Representative”). It shall be Contractor’s responsibility to assure that the City and RCFPD Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions that must be made by City and RCFPD to the City and RCFPD Representative. Unless otherwise specified herein, any approval of City and RCFPD required hereunder shall mean the approval of the City and RCFPD Representative. 5.2 Contractor Representative. For the purposes of this Agreement, Steve Rosas, is hereby designated as the principal and representative of Contractor authorized to act in its behalf with respect to the services specified herein and make all decisions in connection therewith (“Contractor’s Representative”). It is expressly understood that the experience, knowledge, capability and reputation of the Contractor’s Representative were a substantial inducement for City and RCFPD to enter into this Agreement. Therefore, the Contractor’s Representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. Contractor may not change the Responsible Principal without the prior written approval of City and RCFPD. 6. Contractor’s Personnel. 6.1 All Services shall be performed by Contractor or under Contractor’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City and RCFPD business license as required by the City’s Municipal Code. Docusign Envelope ID: D0F35AA0-35E2-423A-A679-C623BBD1F391 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 4 6.2 Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 1.4. 6.3 Contractor shall be responsible for payment of all employees’ and subcontractors’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security. By its execution of this Agreement, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services. 6.4 Contractor shall indemnify, defend and hold harmless City and RCFPD and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor’s violations of personnel practices and/or any violation of the California Labor Code. City and RCFPD shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City and RCFPD from Contractor as a result of Contractor’s failure to promptly pay to City and RCFPD any reimbursement or indemnification arising under this Section 6. 7. Ownership of Work Product. 7.1 Ownership. All documents, ideas, concepts, electronic files, drawings, photographs and any and all other writings, including drafts thereof, prepared, created or provided by Contractor in the course of performing the Services, including any and all intellectual and proprietary rights arising from the creation of the same (collectively, “Work Product”), are considered to be “works made for hire” for the benefit of the City and RCFPD. Upon payment being made, and provided Contractor is not in breach of this Agreement, all Work Product shall be and remain the property of City and RCFPD without restriction or limitation upon its use or dissemination by City and RCFPD. Basic survey notes, sketches, charts, computations and similar data prepared or obtained by Contractor under this Agreement shall, upon request, be made available to City and RCFPD. None of the Work Product shall be the subject of any common law or statutory copyright or copyright application by Contractor. In the event of the return of any of the Work Product to Contractor or its representative, Contractor shall be responsible for its safe return to City and RCFPD. Under no circumstances shall Contractor fail to deliver any draft or final designs, plans, drawings, reports or specifications to City and RCFPD upon written demand by City and RCFPD for their delivery, notwithstanding any disputes between Contractor and City and RCFPD concerning payment, performance of the contract, or otherwise. This covenant shall survive the termination of this Agreement. City and RCFPD’s reuse of the Work Product for any purpose other than the Project, shall be at City and RCFPD’s sole risk. 7.2. Assignment of Intellectual Property Interests: Upon execution of this Agreement and to the extent not otherwise conveyed to City and RCFPD by Section 7.1, above, the Contractor shall be deemed to grant and assign to City and RCFPD, and shall require all of its subcontractors to assign to City and RCFPD, all ownership rights, and all common law and statutory copyrights, Docusign Envelope ID: D0F35AA0-35E2-423A-A679-C623BBD1F391 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 5 trademarks, and other intellectual and proprietary property rights relating to the Work Product and the Project itself, and Contractor shall disclaim and retain no rights whatsoever as to any of the Work Product, to the maximum extent permitted by law. City and RCFPD shall be entitled to utilize the Work Product for any and all purposes, including but not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing the Project or any aspect of the Project. 7.3 Title to Intellectual Property. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and/or materials produced under this Agreement, and that City and RCFPD has full legal title to and the right to reproduce any of the Work Product. Contractor shall defend, indemnify and hold City and RCFPD, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials, harmless from any loss, claim or liability in any way related to a claim that City and RCFPD’s use is violating federal, state or local laws, or any contractual provisions, relating to trade names, licenses, franchises, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, software, equipment, devices or processes used or incorporated in the Services and materials produced under this Agreement. In the event City and RCFPD’s use of any of the Work Product is held to constitute an infringement and any use thereof is enjoined, Contractor, at its expense, shall: (a) secure for City and RCFPD the right to continue using the Work Product by suspension of any injunction or by procuring a license or licenses for City and RCFPD; or (b) modify the Work Product so that it becomes non-infringing. This covenant shall survive the termination of this Agreement. 8. Status as Independent Contractor. Contractor is, and shall at all times, remain as to City and RCFPD, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City and RCFPD or otherwise act as an agent of City and RCFPD. Neither City and RCFPD nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City and RCFPD. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and to defend, indemnify and hold City and RCFPD harmless from any and all taxes, assessments, penalties, and interest asserted against City and RCFPD by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees 9. Confidentiality. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City and RCFPD employees. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are confidential and shall not be disclosed by Contractor without prior written authorization by City and RCFPD. City and RCFPD shall grant such authorization if applicable law requires disclosure. All City and RCFPD data shall be returned to City and RCFPD upon the termination of this Agreement. Contractor’s covenant under this Section shall survive the termination of this Agreement. This provision shall not apply to information in whatever form that is in the public domain, nor shall it restrict the Contractor from giving notices required by law or complying with an order to provide information or data when such an order is issued by a court, Docusign Envelope ID: D0F35AA0-35E2-423A-A679-C623BBD1F391 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 6 administrative agency or other legitimate authority, or if disclosure is otherwise permitted by law and reasonably necessary for the Contractor to defend itself from any legal action or claim. 10. Conflict of Interest. 10.1 Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City and RCFPD on any matter in connection with which Contractor has been retained. 10.2 Contractor further represents that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Contractor has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City and RCFPD shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 10.3 Contractor has no knowledge that any officer or employee of City and RCFPD has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City and RCFPD, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in subsection 10.1. 11. Indemnification. 11.1 To the maximum extent permitted by law, the Contractor shall defend, indemnify and hold the City and RCFPD, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials and RCFPD, (collectively, “Indemnitees”),free and harmless with respect to any and all damages, liabilities, losses, reasonable defense costs or expenses (collectively, “Claims”), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts, omissions, activities or operations of Contractor or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Contractor shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City and RCFPD’s choice, and shall pay all costs and expenses, including actual attorney’s fees and experts’ costs incurred in connection with such defense. The indemnification obligation herein shall not in any way be limited by the insurance obligations contained in this Agreement provided, however, that the Contractor shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees. Docusign Envelope ID: D0F35AA0-35E2-423A-A679-C623BBD1F391 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 7 11.2 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City and RCFPD, or the deposit with City and RCFPD, of any insurance policy or certificate required pursuant to this Agreement. 11.3 Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor. 11.4 Survival. The provisions of this Section 11 shall survive the termination of the Agreement and are in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. 12. Insurance. 12.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by Contractor, and/or its agents, representatives, employees or subcontractors. 12.2 Minimum Scope of Insurance. Unless otherwise approved by City and RCFPD, coverage shall be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). (3) Worker’s Compensation insurance as required by the State of California, and Employer’s Liability Insurance. 12.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) Commercial General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage. Docusign Envelope ID: D0F35AA0-35E2-423A-A679-C623BBD1F391 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 8 (3) Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers’ Compensation Insurance in the amount required by law. (4) The Insurance obligations under this Agreement shall be the greater of (i) the Insurance coverages and limits carried by the Contractor; or (ii) the minimum Insurance coverages and limits shown in this Agreement. Any insurance proceeds in excess of the specified limits and coverage required which are applicable to a given loss, shall be available to the City and RCFPD. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the Contractor under this agreement. 12.4 Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City and RCFPD and shall not reduce the limits of coverage. City and RCFPD reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 12.5 Other Insurance Provisions. (1) The commercial general liability and automobile liability policies are to contain the following provisions on a separate additionally insured endorsement naming the City, RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and RCFPD officials, as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; and/or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, RCFPD, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City and RCFPD officials which are not also limitations applicable to the named insured. (2) For any claims related to this Agreement, Contractor’s insurance coverage shall be primary insurance as respects City, RCFPD, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City and RCFPD officials. Any insurance or self-insurance maintained by City, RCFPD, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of City and RCFPD officials shall be in excess of Contractor’s insurance and shall not contribute with it. (3) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Docusign Envelope ID: D0F35AA0-35E2-423A-A679-C623BBD1F391 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 9 (4) Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City and RCFPD may procure such insurance at Contractor’s sole cost and expense. (5) Each insurance policy required by this clause shall expressly waive the insurer’s right of subrogation against City and RCFPD, its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City and RCFPD officials. (6) Each policy shall be issued by an insurance company approved in writing by City and RCFPD, which is admitted and licensed to do business in the State of California and which is rated A:VII or better according to the most recent A.M. Best Co. Rating Guide. (7) Each policy shall specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided. (8) Each policy shall specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (9) Contractor shall provide any and all other insurance, endorsements, or exclusions as required by the City and RCFPD in any request for proposals applicable to this Agreement. 12.6 Evidence of coverage. Prior to commencing performance under this Agreement, the Contractor shall furnish the City and RCFPD with certificates and original endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement including (1) Additional Insured Endorsement(s), (2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liability declarations or endorsement page listing all policy endorsements. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the City and RCFPD before Contractor commences performance. If performance of this Agreement shall extend beyond one year, Contractor shall provide City and RCFPD with the required policies or endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. Docusign Envelope ID: D0F35AA0-35E2-423A-A679-C623BBD1F391 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 10 12.7 Contractor agrees to include in all contracts with all subcontractors performing work pursuant to this Agreement, the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of any such subcontractor’s work. Contractor shall require its subcontractors to be bound to Contractor and City and RCFPD in the same manner and to the same extent as Contractor is bound to City and RCFPD pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub-subcontractor. 13. Cooperation. In the event any claim or action is brought against City and RCFPD relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation that City and RCFPD might require. City and RCFPD shall compensate Contractor for any litigation support services in an amount to be agreed upon by the parties. 14. Termination. City and RCFPD shall have the right to terminate this Agreement at any time for any or no reason on not less than ten (10) days prior written notice to Contractor. In the event City and RCFPD exercises its right to terminate this Agreement, City and RCFPD shall pay Contractor for any services satisfactorily rendered prior to the effective date of the termination, provided Contractor is not then in breach of this Agreement. Contractor shall have no other claim against City and RCFPD by reason of such termination, including any claim for compensation. City and RCFPD may terminate for cause following a default remaining uncured more than five (5) business days after service of a notice to cure on the breaching party. Contractor may terminate this Agreement for cause upon giving the City and RCFPD ten (10) business days prior written notice for any of the following: (1) uncured breach by the City and RCFPD of any material term of this Agreement, including but not limited to Payment Terms; (2) material changes in the conditions under which this Agreement was entered into, coupled with the failure of the parties to reach accord on the fees and charges for any Additional Services required because of such changes. 15. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor’s and City and RCFPD’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth in this Section, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City and RCFPD: Maritza Martinez City of Rancho Cucamonga Public Works Services Department 8794 Lion Street Rancho Cucamonga, CA 91730 Docusign Envelope ID: D0F35AA0-35E2-423A-A679-C623BBD1F391 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 11 If to Contractor: Steve Rosas Omega Environmental 4570 Campus Drive, Ste. 30 Newport Beach, CA, 92660 16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 17. Assignment and Subcontracting. Contractor shall not assign or transfer any interest in this Agreement or subcontract the performance of any of Contractor’s obligations hereunder without City and RCFPD’s prior written consent. Except as provided herein, any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 18. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and compliance with other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The applicable prevailing wage rate determinations can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services, available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City and RCFPD, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City and RCFPD of any payment to Contractor constitute or be construed as a waiver by City and RCFPD of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City and RCFPD shall in no way impair or prejudice any right or remedy available to City and RCFPD with regard to such breach or default. 20. Attorney’s Fees. In the event that either party to this Agreement shall Docusign Envelope ID: D0F35AA0-35E2-423A-A679-C623BBD1F391 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 12 commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney’s fees and costs of experts. 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 22. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any action relating to this Agreement shall be in the San Bernardino County Superior Court. 23. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 24. Entire Agreement. This Agreement consists of this document, and any other documents, attachments and/or exhibits referenced herein and attached hereto, each of which is incorporated herein by such reference, and the same represents the entire and integrated agreement between Contractor and City and RCFPD. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Docusign Envelope ID: D0F35AA0-35E2-423A-A679-C623BBD1F391 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 13 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. Omega Environmental By: Name Date City of Rancho Cucamonga By: Name Date Title Title By: Name Date Rancho Cucamonga Fire Protection District By: Name Date Title Title (two signatures required if corporation) Docusign Envelope ID: D0F35AA0-35E2-423A-A679-C623BBD1F391 Principal 9/11/2025 | 4:48 PM PDT principal 9/11/2025 | 10:24 PM PDT Fire Chief 9/12/2025 | 8:13 AM PDT Director of Public Works 9/15/2025 | 8:02 AM PDT Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 14 ATTACHMENTS  Attachment A – Sample Additional Insured Endorsement, Ongoing Operations  Attachment B – Sample Additional Insured Endorsement, Completed Operations  Attachment C – Sample Waiver of Subrogation Docusign Envelope ID: D0F35AA0-35E2-423A-A679-C623BBD1F391 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 15 Attachment A – Sample Additional Insured Endorsement, Ongoing Operations Docusign Envelope ID: D0F35AA0-35E2-423A-A679-C623BBD1F391 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 16 Attachment B – Sample Additional Insured Endorsement, Completed Operations Docusign Envelope ID: D0F35AA0-35E2-423A-A679-C623BBD1F391 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 17 Attachment C – Sample Waiver of Subrogation Docusign Envelope ID: D0F35AA0-35E2-423A-A679-C623BBD1F391 Vendor Initials PSA without professional liability insurance (contractor) Last Revised: 10/02/13 Page 18 SCOPE OF WORK Scope of Work Contents: Exhibit A – Proposal Dated September 8, 2025 Docusign Envelope ID: D0F35AA0-35E2-423A-A679-C623BBD1F391 Omega Environmental Services, Inc. 1133 Camelback Street #7261 email: steve@omegaenv.com Newport Beach, CA 92658 Federal Tax ID #: 45-4532910 Phone: 949-252-2145 www.omegaenv.com Fax: 949-252-2148 ______________________________________________________________________________ Los Angeles Ÿ San Diego Ÿ San Francisco Ÿ Seattle Ÿ Denver Ÿ Las Vegas Ÿ Phoenix Ÿ Raleigh September 8, 2025 Mark Medina, Management Analyst City of Rancho Cucamonga 8794 Lion Street Rancho Cucamonga, California 91730 Project Number: 2025-5998COR Prepared By: Steve Rosas/Kumar Gunaratna Project Location: Various City Facilities Rancho Cucamonga, California Omega Environmental Services, Inc. (Omega) is pleased to submit this proposal to the City of Rancho Cucamonga (City) to provide environmental management services at the above-referenced location. Specific services may include the following: •Indoor Air Quality assessments, •Industrial Hygiene assessments, including worker exposure to various airborne contaminants, noise, and light in the workplace, •Moisture and Mold assessments from water loss/intrusions and damage, including mold growth on building materials, •Sewage screening assessments, •Hazardous building material assessments, including asbestos, lead-based paint, mercury, polychlorinated biphenyl (PCB), universal waste inventory •Environmental site assessments (Phase I and Phase II), •Soils, vapor, and groundwater sampling and report preparation •Post-wildfire assessments indoors for combustion by-products, volatile organic compounds (VOCs), regulated metals, and •Final document development, including Remediation Work Plans (RWP) and Final Reports In conjunction with these services, Omega may provide the following: •Review of existing assessment reports •Submission of samples to an independent, qualified, and accredited laboratory •Interpretation of analytical results and provision of preliminary results •Preparation of reports with analytical results and site plans with sample locations •Preparation of dust mitigation plans •Providing and managing remediation of soils and removal of Underground Storage Tanks •Development of technical abatement specifications or work plans •Assisting with the bid phase and pre-bid walks •Review of contractor bids and submittals and collaboration with the Owner and Owner representative on schedules, abatement, and estimated abatement costs •Assisting with permitting and regulatory agency notifications and compliance •Development of daily air monitoring strategy •Performing air monitoring and project oversight before, during, and after hazardous materials abatement activities •Providing daily inspections and air monitoring results •Attending project progress meetings, as necessary •Developing final clearance letters and completion reports •Providing expert witness •Occupational Health and Safety •Toxicology and Health Risk Assessment These services will be provided on an on-call basis at the request and upon approval of the City for a not to exceed fee of $20,000. ____________________________________________________________________________________________________________________ Assumption and Exclusion: u The client will provide access to all areas at agreed-upon times. u Client to provide existing documentation, reports, floor plans, test results, or other information of importance to the requested scope of services. u Omega will provide a specific scope of work and estimate for each request from the city. The scope of work will include estimated fees, schedule, laboratory turnaround times, and report submittal timeframe. General Terms & Conditions (Attached) _____________________________________________________________________________________________________________________ Please Sign Below for Approval ____________________________________ ________________________________ __________________________ Signature Title Date Exhibit ADocusign Envelope ID: D0F35AA0-35E2-423A-A679-C623BBD1F391 GENERAL TERMS AND CONDITIONS FOR SERVICES 1. Services. This Agreement is entered into between Client and Omega Environmental Services, Inc. (“Consultant”) wherein Client engages Consultant to provide professional services (“Services”) in connection with the project described in the proposal (“Project”) to which these General Terms and Conditions are attached. Client agrees that services not specifically described in the Scope of Services identified in Consultant’s proposal are not included in the Scope of Services described by Consultant. This Agreement, including the proposal, any proposal revisions and Rate Schedule, represents the entire Agreement between the parties and supersedes any and all agreements between the parties, either oral or in writing. 2. Compensation. Client shall pay Contractor for services in connection with the Project at the rates specified by Consultant in this Agreement “Rate Schedule,” Client acknowledges that the rates listed on the Rate Schedule are subject to change and agrees that such changes shall act to modify the Rate Schedule under this Agreement immediately upon notification by Consultant to Client of same, unless Client provides Consultant a written objection within ten (10) days upon receipt upon such notification. 3. Payment. Consultant shall submit monthly invoices, setting forth the nature and time spent in the performance of services rendered in the previous month, along with such records, receipts, or other evidence of payment for items for which reimbursement is requested by Consultant from Client. Client has fifteen (15) days upon receipt to notify Consultant of any invoicing disputes otherwise payment shall be made by Client within thirty (30) days from the date of such invoice. 4. Work Product. Services provided under this Agreement, including all reports, information, recommendations, or opinions (“Reports”) prepared or issued by Consultant, are for the exclusive use and benefit of Client or its agents in connection with the Project, are not intended to inform, guide or otherwise influence any other entities or persons with respect to any particular business transactions, and should not be relied upon by any entities or persons other than Client or its agents for any purpose other than the Project. Client will not distribute or convey such Reports to any other persons or entities without Consultant’s prior written consent which shall include a release of Consultant from liability and indemnification by the third party. Consultant’s Reports, field logs, monitoring logs, boring logs, maps, field data, drawings, chain of custody, test results and other work products are part of Consultant’s professional services, do not constitute goods or products and are copyrighted works of Consultant. However, such copyright is not intended to limit the Client’s use of its work product in connection with the Project. 5. Confidentiality. Client shall only utilize information received from Consultant for the purpose of providing the services contemplated under this Agreement. Client shall not divulge, directly or indirectly, any information acquired by Client from Consultant in the performance of this Agreement to any third party without the express written consent of Consultant. Any demand for such information shall be forwarded to Consultant within seventy two (72) hours of receipt of such demand by Client. 6. Standard of Care. Consultant will strive to perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the Consultant’s profession practicing in the same locality under similar circumstances at the time the services are performed. This Agreement creates no other representation, warranty or guarantee, express or implied. 7. Limitation of Liability. Consultant’s potential liability to Client and others is grossly disproportionate to Consultant’s fee due to the size, scope, and value of the Project. Therefore, unless Client and Consultant otherwise agree in writing in consideration for an increase in Consultant’s fee, Client, including its directors, officers, partners, employees, agents, contractors and their respective assigns, agree to limit Consultant’s liability (whether arising from contract, statutory violation or tort) to the amount of Consultant’s fee. This limitation of liability shall apply to all phases of Services performed in connection with this Project, whether subsequent to or prior to the execution of this Agreement. In no event shall Consultant be liable for consequential, incidental or special damages. 8. Samples. All samples shall remain the property of the Client. Client shall promptly, at its cost, remove and lawfully dispose of samples, cuttings and hazardous materials. Consultant shall preserve samples obtained no longer than sixty (60) days after the issuance of any document that includes the data obtained from those samples, unless otherwise agreed to by the parties. After that date, Consultant may dispose of the samples or return them to Client at Client’s cost. 9. Client Responsibilities. Client shall bear sole responsibility for (a) jobsite safety; (b) notifying third parties including any governmental agency or prospective purchaser, of the existence of any hazardous or dangerous materials located in or around the Project site; and (c) providing and updating Consultant with accurate information regarding existing conditions, including the existence of hazardous or dangerous materials, proposed Project site uses, the correct location of Project property boundaries, any change in Project plans, and all subsurface installations, such as pipes, tanks, cables and utilities within the Project site. Client shall cooperate with all requests by Consultant, including obtaining permission for access to the Project site. Client releases Consultant from liability for any incorrect advice, judgment or decision based on inaccurate information furnished by Client or others. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including hazardous materials, encountered on the site, Consultant shall immediately stop work in the affected area and report the condition to Client. 10. Suspension and/or Cancellation. Should either Party be unable to fulfill its obligations under this Agreement in a timely and professional manner, the other Party shall have the right to cancel or suspend this Agreement with ten (10) days written notice. Neither Party shall be considered in default hereof should its failure to fulfill its obligations hereunder be the result of forces beyond that Party’s control. 11. Indemnification. To the fullest extent permitted by law, Client, including its directors, officers, partners, employees, agents, contractors and their respective assigns, agrees to indemnify, defend, and hold harmless Consultant, its directors, officers, employees and subcontractors from and against all claims, liability, damages, or expenses (“Claims”) arising out of, in connection with or relating to any alleged act, failure to act, or other conduct of Client, including but not limited to, Claims alleging the negligence or other fault of Client, but specifically claims arising out of Client’s sole negligence or willful misconduct. Client shall indemnify and defend Consultant against such claims even if Client is partially or wholly without fault for such Claims. 12. Changed Conditions. If during the course of performance of this Agreement conditions or circumstances are discovered which were not contemplated by Consultant at the commencement of this Agreement, Consultant shall notify Client of the newly discovered conditions or circumstances, and Client and Consultant shall renegotiate, in good faith, the terms and conditions of this Agreement. If amended terms and conditions cannot be agreed upon within thirty (30) days after notice, Consultant may terminate this Agreement and Consultant shall be paid for its services through the date of termination. 13. Governing Law. The provisions of this Agreement and any documents that will be delivered pursuant hereto shall be governed by and construed in accordance with the laws of the State of California. If any term is deemed unenforceable, the remainder of the Agreement shall stay in full force and effect. 14. Additional Provisions. Neither party may assign its interest in this Agreement without the prior written consent of the other. Any modification to this Agreement will be effective only if it is in writing signed by the party to be bound, except that if Consultant has performed services in reliance on Client’s verbal approval to proceed, Client shall be bound by such verbal approval. One or more waivers of any term, condition or covenant by either party shall not be construed as a waiver of any other term, condition or covenant. Consultant may elect to subcontract portions of the Services to a qualified subcontractor, but this does not relieve the Consultant from any obligations of the Agreement hereof. Docusign Envelope ID: D0F35AA0-35E2-423A-A679-C623BBD1F391 Electronic Record and Signature Disclosure Certificate Of Completion Envelope Id: D0F35AA0-35E2-423A-A679-C623BBD1F391 Status: Completed Subject: Complete with Docusign: Omega Environmental CO 2025-188.pdf Source Envelope: Document Pages: 21 Signatures: 4 Envelope Originator: Certificate Pages: 5 Initials: 14 Mark Medina AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Mark.Medina@cityofrc.us IP Address: 199.201.174.250 Record Tracking Status: Original 9/10/2025 10:55:22 AM Holder: Mark Medina Mark.Medina@cityofrc.us Location: DocuSign Signer Events Signature Timestamp Steve Rosas steve@omegaenv.com Principal Omega Environmental Services, Inc. Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 98.101.208.2 Sent: 9/10/2025 11:26:12 AM Viewed: 9/10/2025 3:03:50 PM Signed: 9/11/2025 4:48:31 PM Electronic Record and Signature Disclosure: Accepted: 9/10/2025 3:03:50 PM ID: b2c07dbe-314c-4e09-a3da-96cb0501dc4b DON THORNE Drt007@gmail.com principal Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 72.211.249.227 Sent: 9/11/2025 4:48:33 PM Resent: 9/11/2025 5:15:11 PM Viewed: 9/11/2025 10:18:03 PM Signed: 9/11/2025 10:24:07 PM Electronic Record and Signature Disclosure: Accepted: 9/11/2025 10:18:03 PM ID: 64be8e30-effd-4e86-97a9-71c8eb583470 Mike McCliman Mike.McCliman@CityofRC.us Fire Chief Rancho Cucamonga Fire Protection District Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 47.145.221.13 Signed using mobile Sent: 9/11/2025 10:24:08 PM Viewed: 9/12/2025 8:13:17 AM Signed: 9/12/2025 8:13:23 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Maritza Martinez Maritza.Martinez@CityofRC.us Director of Public Works Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.201.174.250 Sent: 9/12/2025 8:13:25 AM Viewed: 9/15/2025 7:59:50 AM Signed: 9/15/2025 8:02:32 AM Electronic Record and Signature Disclosure: Accepted: 9/15/2025 7:59:50 AM ID: 4c5d0757-858c-4fa3-a1fe-a5d6b7104afc 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 CIty Clerks Services Department ClerkContracts@CityofRC.us City Clerk City of Rancho Cucamonga Security Level: Email, Account Authentication (None) Using IP Address: 199.201.174.250 Sent: 9/15/2025 8:02:34 AM Viewed: 9/15/2025 2:47:07 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/10/2025 11:26:12 AM Envelope Updated Security Checked 9/11/2025 5:15:10 PM Certified Delivered Security Checked 9/15/2025 2:47:07 PM Signing Complete Security Checked 9/15/2025 8:02:32 AM Completed Security Checked 9/15/2025 2:47:07 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Rancho Cucamonga City Clerk's Office (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: 2/22/2022 12:08:29 PM Parties agreed to: Steve Rosas, DON THORNE, Maritza Martinez, Steve Rosas, DON THORNE, Maritza Martinez 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 City of Rancho Cucamonga City Clerk's Office: 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: jasmin.oriel@cityofrc.us To advise City of Rancho Cucamonga City Clerk's Office 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 jasmin.oriel@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 City of Rancho Cucamonga City Clerk's Office 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 jasmin.oriel@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 City of Rancho Cucamonga City Clerk's Office 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 jasmin.oriel@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 City of Rancho Cucamonga City Clerk's Office 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 City of Rancho Cucamonga City Clerk's Office during the course of your relationship with City of Rancho Cucamonga City Clerk's Office.