Docusign Envelope ID: A40946C2-ABED-4DE7-AD82-A217829E2353
CITY OF FONTANA
ON CALL BOARD UP & MAINTENANCE SERVICES AGREEMENT
BS-25-48-SP
PARTIES AND DATE.
This Agreement is made and entered into this 15th day of January, 2025 by and between the City of Fontana, a public agency organized under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 ("City") and Daniel William Dopp a Corporation with its principal place of business at 1244 Chestnut Ave, Beaumont, CA 92223 ("Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Board up and Graffiti services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any,. shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the On Call Board-Up and Maintenance Services project ("Project") as set forth in this Agreement.
TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Board Up and Maintenance Services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from February 1s* 2025 to February 1", 2030, unless earlier terminated as provided herein. Contractor shall complete the 16498.00150\32126938.1 1
Docusign Envelope ID: A40946C2-ABED-4DE7-AD82-A217829E2353 Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "A" attached hereto and incorporated herein by reference.
Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Services, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates Jason Barber, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.
3.2.5 Contractor's Representative. Contractor hereby designates Daniel Dopp or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.
The Contractor's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 16498.00150\32126938.1 2
Docusign Envelope ID: A40946C2-ABED-4DE7-AD82-A217829E2353 staff in the performan Coordination of evil be antact dires a on coals and cit staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time").
Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibit "A" attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Agreement, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It 16498.00150\32126938.1
Docusign Envelope ID: A40946C2-ABED-4DE7-AD82-A217829E2353 is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor's compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.
3.2.10.2 Employment Eligibility; Subcontractors, Sub-
subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility: Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub- subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake 16498.00150\32126938.1 4
Docusign Envelope ID: A40946C2-ABED-4DE7-AD82-A217829E2353 self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Air Quality. Contractor must fully comply with
all applicable laws, rules and regulations in furnishing or using equipment and/or providing Services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements' application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the state.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor's non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in 16498.00150\32126938.1
Docusign Envelope ID: A40946C2-ABED-4DE7-AD82-A217829E2353 this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.
3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B). Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: combined single limit for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability:
Workers' Compensation limits as required by the Labor Code of the State of California.
Employer's Liability limits of per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance 16498.00150132126938.1 6
Docusign Envelope ID: A40946C2-ABED-4DE7-AD82-A217829E2353 showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.
(D) Additional Insured. The City of Fontana, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor's and its subcontractors' policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Fontana, its officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using 1S0 form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City's own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, officers, employees, agents, and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of 16498.00150\32126938.1 7
Docusign Envelope ID: A40946C2-ABED-4DE7-AD82-A217829E2353 the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers' Compensation and Employer's Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors' policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
16498.00150\32126938.1 8
Docusign Envelope ID: A40946C2-ABED-4DE7-AD82-A217829E2353
3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 16498.00150\32126938.1 9
Docusign Envelope ID: A40946C2-ABED-4DE7-AD82-A217829E2353
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed One hundred thousand dollars. ($100,000.00) per year without written approval of the City. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.
3.3.5 California Labor Code Requirements
a. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). 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. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the 16498.00150\32126938.1 10
Docusign Envelope ID: A40946C2-ABED-4DE7-AD82-A217829E2353 Contractent or distial contaitors performin shall Series must on for sistered in or the Project and require the same of any subcontractors, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
C. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Services, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
16498.0015032126938.1 11
Docusign Envelope ID: A40946C2-ABED-4DE7-AD82-A217829E2353 Contractor:
Daniel William Dopp
1244 Chestnut Ave
Beaumont, CA 92223
City: City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Jason Barber, Code Enforcement
Such notice shall be deemed made when personally delivered or when mailed, to pain aplisale pical does. Ata sic slai be demed adequate notice on te dare actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with Counsel of City's choosing and at Contractor's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought or instituted against City or its officials, officers, employees, volunteers and agents. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorneys' fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor's obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials officers, employees, agents, or volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino 16498.00150132126938.1 12
Docusign Envelope ID: A40946C2-ABED-4DE7-AD82-A217829E2353 County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.5 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
16498.00150132126938.1 13
Docusign Envelope ID: A40946C2-ABED-4DE7-AD82-A217829E2353
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Attorneys' Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover from the losing party attorney's fees and costs in an amount determined to be reasonable by a court of competent jurisdiction.
3.5.16 City to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.5.18 Entire Agreement. This Agreement contains the entire Agreement of the arties with respect to the subject matter hereof, and supersedes all prior negotiations. inderstandings or agreements. This Agreement may only be modified by a writing signed bi both parties.
[SIGNATURES ON NEXT PAGE]
16498.00150132126938.1 14
Docusign Envelope ID: A40946C2-ABED-4DE7-AD82-A217829E2353
CITY OF FONTANA
SIGNATURE PAGE
CONTRACT NO. DS-25-48-SP
CITY OF FONTANA Daniel William Dopp
By: Matew (. Ballantee By:
Matthew C. Ballantyne Daniel aniel Dop
OO
City Manager
Owner
Attest:
By: Germaine key
Germaine McClellan Key
City Clerk
By: Puillip Burun
hillip Burum
Deputy City Manager
Approved as to form:
Ruben Duran
Best Best & Krieger LLP
City Attorney
By: Jort Baltig, Baugleman
Director of Building and Safety
IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
SM By: Rakesta la Voss
Rakesha Voss
Human Resources & Risk Management Director
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES _Jessica brown Sid Lambert
Jessica Brown Sid Lambert
Chief Financial Officer Purchasing Manager
Docusign Envelope ID: A40946C2-ABED-4DE7-AD82-A217829E2353 EXHIBIT "A"
SCOPE OF SERVICES
Board-up and maintenance services are needed by the City for privately and City owned structures caused by fire, vehicle accident, vandalism, trespassing, graffiti and related activities, natural disaster, and/or other causes. Typically, board-up calls are generated by the City Police Department, Code Compliance Department, and the Building Department when private property is an issue, and City's attempts to immediately reach private owners of record have been unsuccessful. Board-ups will require closing openings in exterior walls and on roofs. Exterior doors may need to be secured or boarded over. Temporary fencing may be needed, as determined on a case-by-case basis, depending on the nature of the incident causing the need for the board-up in the first instance. 16498.00150\32126938.1 16
Docusign Envelope ID: A40946C2-ABED-4DE7-AD82-A2178 1E235 _ COST PROPOSAL Add your costs to the electronic form on Planet bids.
The undersigned, declares that he or she has carefully reviewed the RFP and is thoroughly familiar with the contents thereof; and is authorized to represent the bidding firm.
Comply Will Not
Comply
1. The Contractor must stay within or below current
cost established by the City. All board-ups must be
performed according to standards established by Comply
HUD/FHA and as adopted by the City (see
attached)
2. Time frame for average board-up of approximately 4 hours twelve (12) openings (windows/doors)
3. How many board-ups/clean-ups can the contractor
handle at one time? 2
4. Temporary security fencing and gates. Minimum Gate $ 150 six-foot high chain link fence with posts every ten
and one three-foot gate. Price to include hardware
(chain and lock) and labor. Linear Foot of Fencing $
20.00 5. Graffiti Removal: Paint to resemble or match 100 or Less $_4.00 sq ft existing exterior paint. Billing to be for actual work
completed. Prices quoted to include cost of 100 - 500 sq ft $ 3.00 materials and labor.
500 - 1,000 sq $ 1.00
ft
6. Boarding of openings: Price to include material and labor.
A. Windows/Crawl Spaces (including all
hardware):
1. Size A, Less Than 24"x48" $ 75.00
2. Size B, Less Than 48"x48" $ 95.00
3. Size C, Less Than "48x96" $ 115.00
B. Doors (including all hardware and labor)
1. Security Door (one side only) $ 175.00
2. Security Door (double) $ 270.00
3. Stationary, (flat rate standard door) $ 115.00
4. Sliders, each panel $ 100.00
5. One Car Garage, each panel $ 100.00
6. Two Car Garage, each panel $ 100.00
6| Page
Docusign Envelope ID: A40946C2-ABED-4DE7-AD82-A217829E2353
2.6 SCHEDULE OF COSTS
7. Reboarding Windows/Doors (Contractors must call Code Compliance Division for approval prior to resecuring/reboarding windows/doors/openings not in original request.) Price to include labor
1. Resecuring (replacement of hardware only) $ 45.00
2. Replacement of 2 × 4's only $ 45.00
3. Replacement of plywood only $ 75.00
4. Full sheet of plywood to include paint, three 2x4's and all hardware $ 275.00
5. Half sheet of plywood to include paint, three 2x4's and all $ 250.00 hardware
8. Miscellaneous Items: (Price to include labor)
A. Padlocks, #A-112 or Master #5 $ 35,00
B. Locks and Hasp (sheds/garages) $ 85.00
C. Chain & Hasp (securing) $ 60.00
D. Photos $ 2.00
E. Lawn Maintenance: Bill only for actual square footage cut or mowed excluding square footage of structures or driveways 500-1,500 sq. ft. $ 100.00
1,500-2,500 sq. ft. $ 150.00
2,500-3,500 sq. ft. $ 250.00
3,500-4,500 sq. ft. $ 300.00
over 4,500 sq. ft. $ 300.00 + $50 per 500 sqft afte
F. Trash dump trip, flat price. Actual dump fees will be reimbursed on top of this $225.00
G. Swimming Pool Draining $ 350.00
H. Jacuzzi/Spa Draining $ 175.00
I. Hourly rate for Supervisor $ 100.00
J. After Hours Call Out Charge $ 200.00
K. Hourly rate for skilled worker (7:00 am to 6:00 pm) $ 60.00 L. Hourly rate for skilled worker (6:01 pm to 6:59 am) $ 75.00 M. Hourly rate for unskilled worker $ 30.00
N. Rental Equipment (not travel time) Cost + 100 %
O. Cancellation Call Out Charge (7:00 am to 6:00 pm) $ 100.00 P. Cancellation Call Out Charge (6:01 pm to 6:59 am) $ 150.00 Q. Holiday Call Out Charge $ 200.00
7| Page
Docusign Envelope ID: A40946C2-ABED-4DE7-AD82-A217829E2353 New Year's Day
Martin Luther King Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
• Christmas Eve
• Christmas Day
Graffiti call-out charge is $100, during normal hours, plus graffiti work [blocking or removal] under 50 sq. Ft. Beyond 50 sq. ft. It is charged as listed on the bid: $4 per first hundred ft., $3 per 200-500 ft. And $1 per sq. Ft. For all blocking that goes beyond 500 sq. Ft. Removal is charged by the hourly fee [$100 per man hour] plus any costs of chemical removers used, beyond simple scraping......... DOPP Property Services. #633-045.......D W Dopp 8 | Page
Docusign Envelope ID: A40946C2-ABED-4DE7-AD82-A217829E2353 ACORD® DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE
05/09/2024
THIS GERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.
IF SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lleu of such endorsements).
MONT Patricia Wagner, CIC, CISR
Central City Insurance Agency, Inc. 909) 307-6076 [AC, No): (909) 798-4107 (A/C No, Ext):
1030 Nevada Street E-MAIL [email protected] ADDRESS:
Suite 106 INSURER(S) AFFORDING COVERAGE NAIC #
Redlands CA 92374 Scottsdale Ins Co 41297
INSURERA:
INSURED INSURER B: United Financial Casualty 11770
Dopp Property Service, LLC INSURER C:
P.O. Box GF INSURER D:
INSURER E:
Beaumont CA 92223 INSURER F:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED 100,000
CLAIMS-MADE X OCCUR PREMISES (Ea occurrenca)
MED EXP (Any one person) $ 5,000
A CPS7969919 04/11/2024 04/11/2025 $ 1,000,000
PERSONAL & ADV INJURY
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X PRO- $ 2,000,000
POLICY JECT LOC PRODUCTS - COMP/OP AGG
OTHER:
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
(Ea accident)
ANY AUTO BODILY INJURY (Pe persor)
OWNED SCHEDULED Y 03074717 05/08/2024 05/08/2025 BODILY INJURY (Per accident)
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident)
MULP
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB AGGREGATE
CLAIMS-MADE
DED RETENTION S
WORKERS COMPENSATION PER ОтН-
STATUTE ER
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L DISEASE - EA EMPLOYEE
ryes. descrbe unde
DESCRIPTION OF OPERATIONS belov E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Fontana is named as Additional Insured per aftached endorsement #CG 20 38 12 19
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fontana ACCORDANCE WITH THE POLICY PROVISIONS.
8353 Sierra Ave.
AUTHORIZED REPRESENTATIVE
fontana CA 92335
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD | Docusign Envelope ID: A40946C2-ABED-4DE7-AD82-A217829E2353 EXEMPTION from WORKERS' COMPENSATION
To be exempt from worker's compensation, you must submit an affidavit, certifying that you do not employ enyone in a manner that is subject to the workers' compensation laws of Califomia. (See Business and Professions Code Section 7125) For exemption from worker's compensation, please complete the requested information, check the box, and sign the form.
SECTION 1 - BUSINESS NAME/SOLE PROPRIETER NAME AND ADDRESS
FULL BUSINESS LAME
PRopeRTE • SeRViCE BEAuMONT Y2d23
BUSINESS MAILING ADDRESS City State Zip
BUSINESS PHONE NUMBER BUSINESS FAX NUMBER BUSINESS E-MAIL ADDRESS« 907-856-0122 wont /26der// 907-856-0941
"com
SECTION 2 - CHECK BOX
I do not employ anyone in the manner subject to the workers' compensation laws of the State of Califomia.
SECTION 3 - SIGNATURE
I certify under peralty of perjury under the laws of the State of California that the information provided on this exemption statement is true and accurate. 1 understand that upon employing anyone in a manner that is subject to the worker's compensation laws of the State of California, the claim of exemption executed under this form will no longer be valid. also understand that, as soon as 1 employ anyone subject to the Califomia's workers' compensation laws, 1 must obtain a Certificate of Worker's Compensation Insuranca, submit that certificate to The City of Colton witsin 90 days of its effective dete, and continuously maintain the coverage provided by the certificate in eccordance with the law.
Data Officer)
24 D docusign.
Certificate Of Completion
Envelope Id: A40946C2-ABED-4DE7-AD82-A217829E2353 Status: Completed Subject: On Call Board Up Services BS-25-48-SP - Dopp
Source Envelope:
Document Pages: 21 Signatures: 9 Envelope Originator:
Certificate Pages: 7 Initials: 1 Purchasing Office
AutoNav: Enabled 8353 Sierra Avenue
Envelopeld Stamping: Enabled Fontana, CA 92335
Time Zone: (UTC-08:00) Pacific Time (US & Canada) [email protected] IP Address: 192.146.186.96
Record Tracking
Status: Original Holder: Purchasing Office Location: DocuSign 1/16/2025 | 03:39 PM [email protected]
Signer Events Signature Timestamp
Daniel Dopp Sent: 1/22/2025 | 09:13 AM
[email protected] Daniel Dopp Resent: 1/27/2025 | 08:42 AM Security Level: Email, Account Authentication Viewed: 1/27/2025 | 08:52 AM (None) Signed: 1/27/2025 | 02:07 PM
Signature Adoption: Pre-selected Style
Using IP Address: 47.151.209.36
Electronic Record and Signature Disclosure:
Accepted: 1/27/2025 | 08:52 AM
ID: c6e97282-0275-4f1b-bf5a-bf4163a1ebc5
Jeffrey Baughman Sent: 1/27/2025 | 02:07 PM
[email protected] Jeffrey Baughman Viewed: 1/27/2025 | 02:14 PM Building & Safety Signed: 1/27/2025 | 02:14 PM
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.123
Electronic Record and Signature Disclosure:
Accepted: 1/27/2025 | 02:14 PM
ID: 4479a104-1496-487d-bad6-ba8d80325701
Ruben Duran Sent: 1/27/2025|02:14 PM
[email protected] Ruben Duran Viewed: 1/27/2025 | 02:26 PM City Attorney Signed: 1/27/2025 | 02:39 PM
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 74.116.243.2
Electronic Record and Signature Disclosure:
Accepted: 1/27/2025 | 02:26 PM
ID: 78eb84f3-3f02-4204-8e83-0f45570a54f2
Phillip Burum Sent: 1/27/2025 | 02:14 PM
[email protected] Phillip Burrem Viewed: 1/27/2025 | 03:05 PM Security Level: Email, Account Authentication Signed: 1/27/2025 | 03:05 PM (None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.123
Electronic Record and Signature Disclosure:
Accepted: 1/27/2025|03:05 PM
ID: 48916d69-fd9a-4d7e-9ef0-f73b89bc1222
Signer Events Signature Timestamp
Susan Mendoza Sent: 1/27/2025 | 02:14 PM
[email protected] SM Viewed: 1/27/2025 | 02:55 PM
Security Level: Email, Account Authentication Signed: 1/27/2025 | 02:56 PM (None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.108
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Rakesha L. Voss Sent: 1/27/2025|03:05 PM
[email protected] Rakesha L. Voss Viewed: 1/30/2025 | 09:12 AM Human Resources Signed: 1/30/2025 | 09:12 AM
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.123
Electronic Record and Signature Disclosure:
Accepted: 1/30/2025 | 09:12 AM
ID: cb66fcdc-36d5-4b07-a560-b45218a12049
Sid Lambert Sent: 1/30/2025 | 09:12 AM
[email protected] Sid Lambert Viewed: 1/30/2025 | 09:14 AM Security Level: Email, Account Authentication Signed: 1/30/2025 | 09:15 AM (None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jessica Brown Sent: 1/30/2025 | 09:15 AM
[email protected] Jessica Brown Viewed: 213/2025 | 05:10 PM Chief Financial Officer Signed: 2/3/2025 | 05:10 PM
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Electronic Record and Signature Disclosure:
Accepted: 2/3/2025 | 05:10 PM
ID: b68a0275-164f-485c-a576-3d5a22527Od4
Matthew C. Ballantyne Sent: 2/3/2025 | 05:10 PM
[email protected] Mattlew C. Ballantyne Viewed: 2/3/2025 | 05:16 PM City Manager Signed: 213/2025|05:16 PM
City of Fontana
Security Level: Email, Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 192.146.186.96
Electronic Record and Signature Disclosure:
Accepted: 2/3/2025 | 05:16 PM
ID: 75cfa25c-bbea-4f90-847c-31249996fc55
Germaine Key Sent: 2/3/2025 | 05:16 PM
[email protected] Gemaine key Viewed: 2/4/2025 | 08:51 AM City Clerk Signed: 2/4/2025 | 08:51 AM
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 107.201.246.59
Electronic Record and Signature Disclosure:
Accepted: 2/4/2025 | 08:51 AM
ID: ab92669f-3760-451a-b7e2-13e6be10c7f6
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
Carbon Copy Events Status Timestamp
Jason Barber Sent: 2/4/2025 | 08:51 AM
COPIED Viewed: 2/5/2025 | 01:53 PM
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 5/20/2024 | 08:55 AM
ID: 947cee9c-38e6-4bb8-b706-0cef0c98e5b8
Steve McGuffey Sent: 2/4/2025 | 08:51 AM
[email protected] COPIED
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 7/29/2024 | 09:04 AM
ID: d6f11f56-3c78-4d59-9d79-22326ddc7f44
Kathy Kasinger Sent: 2/4/2025 | 08:51 AM
COPIED Viewed: 2/10/2025 | 11:10 AM
[email protected]
Records Coordinator
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 12/4/2024 | 03:26 PM
ID: 79a9c627-e149-4003-ae0e-567d01716dfe
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/16/2025 |03:55 PM
Envelope Updated Security Checked 1/22/2025 | 09:13 AM
Envelope Updated Security Checked 1/22/2025 | 09:13 AM
Envelope Updated Security Checked 1/22/2025 | 09:13 AM
Envelope Updated Security Checked 1/22/2025 | 09:13 AM
Envelope Updated Security Checked 1/22/2025 | 09:13 AM
Envelope Updated Security Checked 1/22/2025 | 09:13 AM
Envelope Updated 1/22/2025 | 09:13 AM
Envelope Updated Security Checked 1/22/2025 | 09:13 AM
Envelope Updated Security Checked 1/22/2025 | 09:13 AM
Envelope Updated Security Checked 1/22/2025 | 09:13 AM
Envelope Updated Security Checked 1/22/2025 | 09:13 AM
Envelope Updated Security Checked 1/22/2025 | 09:13 AM
Envelope Updated Security Checked 1/22/2025 | 09:13 AM
Certified Delivered Security Checked 2/4/2025 | 08:51 AM Signing Complete Security Checked 2/4/2025|08:51 AM
Completed Security Checked 2/4/2025 | 08:51 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on: 2/2/2017 | 06:54 AM Parties agreed to: Daniel Dopp, Jeffrey Baughman, Ruben Duran, Phillip Burum, Rakesha L. Voss, Jessica Brown, Matthew C. Ballantyne, Germaine Key, Jason E
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Fontana (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 your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document.
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. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account 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. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account 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 Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account 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 Fontana:
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: [email protected] To advise City of Fontana of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Fontana
Ty us to so delivery niomy, or paper sepic of the mail to tej disclosures peg and ly provided of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Fontana
To inform us that you no longer want to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to ctejeda @fontana.org and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account 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
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent.
Acknowledging your access and consent to receive materials 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 verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an 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 on the terms and conditions described above, please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and
• Until or unless I notify City of Fontana as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Fontana during the course of my relationship with you.