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HomeMy WebLinkAboutCO 2025-228 - Rancho Cucamonga Senior V.I.P. Club 1 City of Rancho Cucamonga and Rancho Cucamonga Senior V.I.P. Club FACILITY USE AGREEMENT THIS AGREEMENT is made and entered into on January 1, 2026 between Rancho Cucamonga Senior V.I.P Club, a California nonprofit agency, (hereinafter "Club") and the City of Rancho Cucamonga, a municipal corporation, (hereinafter "City") concerning the provision of older adult activities including bingo and special events. A. Recitals (i) Club is a nonprofit agency and those persons executing this Agreement on its behalf hereby covenant that they are fully empowered to execute this Agreement on behalf of Club. (ii) City desires to permit the nonexclusive utilization of a portion of its James L. Brulte Senior Center and Goldy S. Lewis Community Center, located at 11200 Base Line Road, Rancho Cucamonga, California by Club so as to assist in the efficient delivery of services to City's senior citizens. Hereinafter, the term "Center" shall mean the James L. Brulte Senior Center and Goldy S. Lewis Community Center at Central Park. B. Agreement NOW, THEREFORE, it is mutually agreed by and between City and Club as follows: A. Term of Agreement. This Agreement shall be for one (1) year ending on December 31, 2026. Either City or Club may terminate this Agreement for any or no reason upon delivery to the non-terminating party of written notice of such termination, which such notice shall be delivered not less than thirty (30) days prior to the effective date of such termination. Further, in the event of total or partial destruction of the Center, this Agreement will be deemed terminated immediately without prior notice. City shall have the sole right to determine and declare that the Center is fully or partially destroyed for purposes of this termination provision. This Agreement grants only a revocable license to use the Center. Nothing herein shall be deemed to create a leasehold or any other kind of interest, other than a revocable license. B. Financial Consideration. 1. City shall bear all costs for and related to the maintenance and operation of the Center except as may be expressly set forth herein this Agreement. The value of this agreement in terms of the Club’s current use at Central Park is $84,807.00 (room rentals and staff) per one (1) year use at the rate of a resident non-profit group. This is the estimated cost Docusign Envelope ID: D7619F89-7692-41AF-9F70-7351681B450E 2 Club would have to pay for the use of the rooms if Club ever decided not to partner with the City and wish to use City facilities as they use them now. In addition, room reservations would be accepted on a first come basis versus the long-term priority system currently utilized. 2. Donations made to the City for the Center will become property of the City. To keep the furniture and equipment aesthetically pleasing, anyone who donates items to the City will be asked not to label them with plaques or other means that brings attention to the donation. Prior to any donation of in-kind materials, City must approve of all materials or equipment donated prior to the actual donation. City does not have to accept all "in-kind" donations. City will be responsible for the storage, maintenance, and usage of the donated items. All donations provided by Club or its members, whether in-kind or cash may not have any restriction imposed as to who may use it. 3.Club agrees to provide financial assistance to the City of $15,000.00 or 75% of net revenue, whichever is less, by no later than December 31, 2026. C. Use of Center. 1. Club will be permitted use of rooms at the Center with the rental fee waived and with the understanding that all of its events, activities, and meetings are open to all seniors from Rancho Cucamonga without having to be a member of Club. The purpose of the partnership is to assist Club so that they could use City facilities without having to pay rental fees for the use of the facilities. In addition, Club also assists the City by offering activities for resident seniors. If for any reason, Club wishes to exclude non-members then they must request that specific room separately through the rentals process and must pay the regular City established resident non-profit room rental fee. 2. Club will use all City facilities within the required times and requirements indicated on their facility agreement. Any conflict in use of the City's facilities or rooms shall be communicated directly to staff and not the facility users. Central Park James L. Brulte Senior Center and Goldy S. Lewis Community Center Rancho Cucamonga Hall: on Tuesdays 7:00 a.m. to 4:30 p.m. excluding holidays In accordance with room capacity, state and/or local public safety code, and state and/or local public health regulations, the City reserves the right to reduce the amount of space designated to Club based on the actual amount of space necessary to conduct City programs. 3. Club shall have designated space to store items for the daily operation of the Club's activities. As a user group, Club shall have only a limited amount of space for such items. Docusign Envelope ID: D7619F89-7692-41AF-9F70-7351681B450E 3 4. Club will be provided three (3) large individual cabinets in Billiards Cove, storage space in the Rancho Cucamonga Hall event storage closet, Rancho Cucamonga Hall kitchen closet as well as use of the kitchen during the designated Club use hours. No other dedicated storage space is available or permitted unless amended to this agreement and approved by the City. 5. All storage facilities are to be kept clean by the Club. Club will be issued keys for the cabinets that they will use. Those cabinets will be rekeyed at City's expense to ensure that access keys are different than City used cabinets. Replacement keys will be issued to the Club at the Club’s expense through the City's normal keying system. City will retain a copy of the keys should emergency access be required. 6. To maintain the facility in a condition that is usable by all residents the Club cannot permanently display any pictures of any sort in the facility. Such pictures may be displayed on a portable board, or other device only during Club events and/or activities. If, this portable structure is to be stored onsite, it must first be approved by City to determine if available storage exists. D. Senior Special Events and Activities 1. Mutually supported activities are events or other activities sponsored by the City and Club and are offered at the Senior Center in a joint effort. City staff will take the lead in organizing the event and conducting the event. Club is expected to help plan and coordinate the event as agreed by both parties. This refers to jointly supported events only. Club agrees to contribute $150.00 per mutually supported activity or event x 6 events per year. 2. City and Club will meet in advance as to how each event is to be conducted. It is expected that City will assist in fundraising for the event by procuring sponsors. City will provide leadership at the event as well as being responsible for set-ups and teardowns. It is also expected that Club will help provide volunteer support for during, before and after the event. 3. Both City and Club are to be listed on promotional materials when activities or events are being co-sponsored by both organizations. Any activity or event not supported by the City cannot be advertised in City promotional materials. 4. Club must receive prior approval from the City's Community Services Coordinator for any use of the City logo or mention of City support on any Club publication or promotional materials. Docusign Envelope ID: D7619F89-7692-41AF-9F70-7351681B450E 4 5. City and Club will meet annually to discuss the level of contribution towards mutually supported events. This contribution level is expected to increase at a minimal level each year and approved both parties in written agreement. 6. Senior Center staff (Community Services Supervisor, Community Services Coordinator and part-time Community Services staff) and designated members of the Club shall meet by May of each year to discuss the event schedule for the following calendar year. 7. Club events that are not jointly supported with the City are listed below. These events, activities, fundraisers and meetings may occur at the Senior Center with room rental fees waived if Club does not exclude any Rancho Cucamonga senior who are not members of the Club: monthly board meeting, weekly club meetings, monthly Club trips, various Club specific special events, and weekly bingo. Prior approval must be given if room use is outside of the above stipulated 7:00 a.m. to 4:30 p.m. use of Rancho Cucamonga Hall. 8. City staff will assist Club in the setup of tables and chairs of above events but will not be expected to coordinate components of the event or decorate for the event without a fee paid to the City for staff time at a cost of $25.00 per hour. However, if there is a benefit to the City or its residents then staff fees may be waived with the permission of City management. 9. Senior Center staff and volunteers will assist the Club with specific reasonable tasks related to activities that are not mutually supported. Such tasks may include, the setting up of tables and chairs and any other tasks deemed reasonable by the Community Services Coordinator. E. Condition of Center. 1. City offers, and Club accepts for its use, the Center, and any portion thereof, in "as is" condition, without any warranty, express or implied, whatsoever, and City hereby disclaims, and Club agrees to not assert the existence of, any such warranties. Club shall keep the Center in good, safe and suitable condition for the uses contemplated therein, including the storage, securing and maintenance of equipment not intended for public use or for rental. No physical alterations of any kind, including, but not limited to, improvements, fixture installments or equipment additions or removals, may be made, authorized or permitted by Club unless and until Club receives prior written consent of the City. Any alterations, improvements, fixtures installments or equipment additions or removals undertaken by Club must conform to and be in compliance with all applicable codes, ordinances or laws. Docusign Envelope ID: D7619F89-7692-41AF-9F70-7351681B450E 5 2. City agrees to clean at night the floor, walls, carpet, chairs, ceiling, and all other counter and equipment surfaces. Club is responsible for supplying its board members with the appropriate amount of cleaning supplies at the Club's expense. Club will lock up all cabinets designated by City for Club's use, including all its supplies, understanding that other groups will also be using their designated room(s). 3. Upon termination or expiration of this Agreement, Club agrees to leave the Center, and any portion thereof that it may utilize, in the condition Center is in upon Club's commencement of use thereof, absent allowance for normal wear and tear. Club shall either perform any necessary repair or renovation activities which may be required to return the Center to the required condition, or alternatively pay to City, upon demand by City, the reasonably calculated sums to accomplish such renovation or repair. 4. All equipment, fixtures and materials attached or otherwise affixed to said site by Club in a permanent manner shall be attached or affixed in a manner which conforms to all existing City codes or regulations for such installation, following written City's approval. Any such materials, fixtures or equipment attached or affixed shall, at City's option, become the property of City at the time of such installation and such shall be included in an agreed- upon inventory list. 5. Club shall maintain, in safe condition and in a first-class manner, all portions of the Center which it may utilize and shall administer its program in a safe and first-class manner that complies with all applicable federal, state, county and local laws, ordinances, rules and regulations including, but not limited to, fair labor practices, fire safety provisions, health and safety provisions, sanitary conditions, nondiscrimination regulations and building codes. Club's failure to be in compliance with any applicable law, policy or regulation of any jurisdiction shall be grounds for City to immediately suspend, without written notice and without affecting its right to terminate this Agreement, Club's right to use the Center unless and until, in the City's sole discretion, such violation is cured. F. Indemnification. 1. To the maximum extent permitted by law, the Club shall defend, indemnify and hold the City, and its elected officials, officers, employees, servants, volunteers, and agents serving as independent contractors in the role of City officials, (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 of out, pertain to, or Docusign Envelope ID: D7619F89-7692-41AF-9F70-7351681B450E 6 relate to the acts, omissions, activities or operations of Club or any of its officers, employees, subcontractors, Contractors, or agents in the performance of this Agreement. Club shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’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 Club shall have no obligation to indemnify for Claims arising out of the sole negligence or willful misconduct of any of the Indemnitees. 2. Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Club because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 3. Waiver of Right of Subrogation. Except as otherwise expressly provided in this Agreement, Club, 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 Club. 4. Survival. The provisions of Section F shall survive the termination of this 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 Club shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Further, Club agrees that it shall promptly pay all charges for which it may become legally responsible in connection with its performance of this Agreement, including, but not limited to, charges for food, beverage and supply purchases, and Club shall indemnify, defend and hold City harmless from any failure to make any such purchases. G. Insurance. 1. Liability Insurance. Club 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 Club, and/or its agents, representatives, employees or subcontractors. 2. Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: Docusign Envelope ID: D7619F89-7692-41AF-9F70-7351681B450E 7 (1) Insurance Services Office Commercial General Liability coverage (occurrence from 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. 3. Minimum Limits of Insurance. Club 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. (3) Employer’s Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Worker’s 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 Club; 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. No representation is made that the minimum Insurance requirements of this Agreement are sufficient to cover the obligations of the Club under this agreement. 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City and shall not reduce the limits of coverage. City reserves the right to obtain a full certified copy of any required insurance policy and endorsements. 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, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials, as additional insureds as respects: liability arising out of activities performed by or on behalf Docusign Envelope ID: D7619F89-7692-41AF-9F70-7351681B450E 8 of Club; products and completed operations of Club; premises owned, occupied or used by Club; and/or automobiles owned, leased, hired or borrowed by Club. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role City officials which are not also limitations applicable to the named insured. (2) For any claims related to this agreement, Club’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers, and agents serving as independent contractors in the role of City officials. Any insurance or self-insurance maintained by City, its officers, officials, employees, designated volunteers, or agents serving as independent contractors in the role of City officials shall be in excess of Club’s insurance and shall not contribute with it. (3) Club’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. (4) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled except after 30 days prior written notice by first class mail has been given to City (ten (10) days prior written notice for non- payment of premium). Club shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance coverage as specified herein. (5) Each insurance policy required by this clause shall expressly waive the insurer’s right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials. (6) Each policy shall be issued by an insurance company approved in writing by City, which is admitted and licenses 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. Docusign Envelope ID: D7619F89-7692-41AF-9F70-7351681B450E 9 (8) Each policy shall specify that any all costs of adjusting and/or defending any claim against any insured, including court costs and attorney’s fees, shall be paid in addition to and shall not deplete any policy limits. (9) Club shall provide any and all other insurance, endorsements, or exclusions as required by the City in any request for proposals applicable to this Agreement. 6. Evidence of Coverage. Prior to commencing performance under this Agreement, the Club shall furnish the City 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 before Club commences performance. If performance of this Agreement shall extend beyond one year, Club shall provide City with required policies of endorsements evidencing renewal of the required policies of insurance prior to the expiration of any required policies of insurance. 7. Club 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. Club shall require its subcontractors to be bound to Club and City in the same manner and to the same extent as Club is bound to City pursuant to this Agreement, and to require each of its subcontractors to include these same provisions in its contract with any sub-subcontractor. H. Limitations on Assignment. No interest in or arising out of this Agreement may be transferred or assigned, nor may any required performance be subcontracted, in whole or in part, by Club, without the prior written consent of City and any such transfer, assignment or subcontract made without City's consent shall be void. I. Emergency Operation Center. Notwithstanding any other provision in this Agreement, Club acknowledges that the Center has been designated an auxiliary emergency operation center for City. At any such time as the City, in its sole discretion, determines that it requires the use of Center as an emergency Center, Club agrees that it shall promptly cease utilization of the Center for such time as the City requires the Center's use for emergency operation services. City shall not be responsible to Club for any costs or reimbursement for Docusign Envelope ID: D7619F89-7692-41AF-9F70-7351681B450E 10 any losses Club may sustain as a result of such emergency operation use, including but not limited to, loss of food or wages. J. General Provisions. A. Notice. Any notice required or permitted pursuant to this Agreement shall be given by personal service or by deposit of the same in the United States mail, postage prepaid and addressed to the parties as follows: Club: David Tucker, V.I.P. Club President Rancho Cucamonga Senior V.I.P. Club 18265 Lapis Lane San Bernardino, CA 92407 City: Ted Morales, Community Services Superintendent City of Rancho Cucamonga 11200 Base Line Road Rancho Cucamonga, CA 91701 Mailed notice should be deemed served on the third business day following mailing. B. Amendments. This Agreement may only be amended in writing by a document, signed by both parties hereto. C. Section Headings. Any section headings in this Agreement have been provided solely for the convenience of the parties and in no way shall serve, or shall be construed or interpreted to serve, to alter, amend, limit, or expand the express provisions set forth in each section. This Agreement shall be construed as if drafted by all parties hereto and shall be construed against any single party. D. Governing Law. The law of the State of California shall govern this Agreement and any action brought to enforce any provision of this Agreement shall be filed in the Superior Court of the County of San Bernardino. E. City Contributions. City retains the right, at its sole discretion, to from time to time contribute services, funds, or any other consideration to Club. Any such contribution by City shall not be deemed to create an ongoing obligation from City to Club and Club hereby waives any claim to such entitlement or right. F. Permits and Approvals. Club shall, at its sole cost and expense, obtain any and all governmental permits, approvals or concurrences required for the use of the Center and/or provisions of the services required herein. Docusign Envelope ID: D7619F89-7692-41AF-9F70-7351681B450E 11 G. Nondiscrimination. Club agrees that in its performance of this Agreement, it shall not discriminate against any person, including, but not limited to, any employee, agent, volunteer, or officer of Club, or any recipient of Club's nutritional services on the basis of gender, ancestry, color, marital status, sexual preference or age. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the latest date set forth below. CLUB BY: _________________________ DATED: __________________ David Tucker, V.I.P. Club President CITY BY: _________________________ DATED: __________________ Ted Morales, Community Services Superintendent Docusign Envelope ID: D7619F89-7692-41AF-9F70-7351681B450E 12/3/2025 | 9:15 PM PST 12/4/2025 | 2:06 PM PST 12 GUIDELINES AND EXPECTATIONS January 1, 2026 – December 31, 2026 This amendment will serve to amend the Facilities Use Agreement (hereinafter “Agreement”), to incorporate the following: All other Terms and Conditions of the original Agreement will remain in full effect. Bingo: 1. Provide City staff with the requested layout for Bingo 2. Serve at least 80 seniors/older adults 50 years of age or older weekly 3. Recruit and provide volunteers, in addition to board members, to run Bingo games V.I.P. Club Meetings (including special events) 1. Provide City Staff with the requested layout for V.I.P. Club weekly meetings 2. Provide City staff with promotional materials for weekly V.I.P. Club meetings 3. Provide City staff with information on scheduled dignitary speakers such as Assemblymembers, Congressmen/women, City officials, etc. a minimum of two (2) weeks prior 4. Notify the Community Services Coordinator at least two (2) months in advance of any sponsorship requests/needs Board Members/Volunteers 1. All new board members or volunteers must review and sign the Assumption of Risk and Waiver Liability and the COVID-19 Waiver 2. Provide all completed forms to City staff Building/Facility 1. Maintain weekly cleanliness of assigned storage closets in Central Park, Rancho Cucamonga Hall and Rancho Cucamonga Hall kitchen 2. Must leave area cleaned prior to leaving facility 3. Utilize only the storage spaces allotted in the agreement 4. Follow all City COVID-19 protocols 5. Enter the facility no earlier than 7:00 a.m. and vacate the facility by 4:30 p.m. on Tuesdays 6. The V.I.P. Club will provide their own PPE for the duration of their room use 7. Only designated City staff will be allowed to access and adjust the A/V (audio visual) equipment in Rancho Cucamonga Hall _____________________________ __________________ Signature Date Docusign Envelope ID: D7619F89-7692-41AF-9F70-7351681B450E 12/3/2025 | 9:15 PM PST Docusign Envelope ID: D7619F89-7692-41AF-9F70-7351681B450E Electronic Record and Signature Disclosure Certificate Of Completion Envelope Id: D7619F89-7692-41AF-9F70-7351681B450E Status: Completed Subject: Complete with Docusign: Facility Use Agreement - City of Rancho Cucamonga & VIP Club Source Envelope: Document Pages: 13 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 16 Jonathan Hilton AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) jonathan.hilton@cityofrc.us IP Address: 199.201.174.250 Record Tracking Status: Original 12/3/2025 1:36:01 PM Holder: Jonathan Hilton jonathan.hilton@cityofrc.us Location: DocuSign Signer Events Signature Timestamp Jonathan Hilton jonathan.hilton@cityofrc.us Management Analyst I City of Rancho Cucamonga Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.201.174.250 Sent: 12/3/2025 1:37:28 PM Viewed: 12/3/2025 1:37:44 PM Signed: 12/3/2025 1:37:55 PM Electronic Record and Signature Disclosure: Not Offered via Docusign Megan Moberly Megan.Moberly@cityofrc.us Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.201.174.250 Sent: 12/3/2025 1:37:57 PM Viewed: 12/3/2025 1:46:35 PM Signed: 12/3/2025 1:47:01 PM Electronic Record and Signature Disclosure: Accepted: 12/3/2025 1:46:35 PM ID: 5548022d-87a4-4c82-ab0c-b329388f6775 Jennelle Markel jennelle.markel@cityofrc.us Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.201.174.250 Sent: 12/3/2025 1:47:02 PM Viewed: 12/3/2025 6:02:48 PM Signed: 12/3/2025 6:03:02 PM Electronic Record and Signature Disclosure: Accepted: 12/3/2025 6:02:48 PM ID: 0d1d49bb-7009-4df0-814f-05842164c74d David Tucker rcvipseniorsclub@aol.com President Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 47.42.205.36 Sent: 12/3/2025 6:03:04 PM Viewed: 12/3/2025 9:11:46 PM Signed: 12/3/2025 9:15:02 PM Electronic Record and Signature Disclosure: Accepted: 12/3/2025 9:11:46 PM ID: e2c03895-94e4-4c51-aeb5-5c9881e262dc Signer Events Signature Timestamp Ted Morales theodore.morales@cityofrc.us Superintendent, CSD Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.201.174.250 Sent: 12/3/2025 9:15:04 PM Resent: 12/4/2025 1:36:32 PM Viewed: 12/4/2025 2:05:56 PM Signed: 12/4/2025 2:06:38 PM Electronic Record and Signature Disclosure: Accepted: 12/4/2025 7:50:26 AM ID: 389ca6a1-8dd2-47e3-b721-f5decc47db6d 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 Clerk Services clerkcontracts@cityofrc.us City Clerk City of Rancho Cucamonga Security Level: Email, Account Authentication (None) Using IP Address: 199.201.174.250 Sent: 12/4/2025 2:06:40 PM Viewed: 12/4/2025 3:18:18 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 12/3/2025 1:37:28 PM Certified Delivered Security Checked 12/4/2025 3:18:18 PM Signing Complete Security Checked 12/4/2025 2:06:38 PM Completed Security Checked 12/4/2025 3:18:19 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: Megan Moberly, Jennelle Markel, David Tucker, Ted Morales, Megan Moberly, Jennelle Markel, David Tucker, Ted Morales 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.