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Norman A Traub & Associates LLC - FY2024-037 CONTRACT SERVICES AGREEMENT FOR PERSONNEL INVESTIGATION SERVICES This Contract Services Agreement (“Agreement”) is made and entered into on August 18, 2023, by and between the CITY OF RANCHO PALOS VERDES (“Personnel Officer and/or Designee”), and NORMAN A. TRAUB ASSOCIATES, a California LLC, Private Investigator’s License No. PI 188615 (“Consultant”). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that all work or services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. Additional terms and conditions of this Agreement, if any, which are made a part hereof, are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. 1.2 Compliance with Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of the City of Rancho Palos Verdes (“City”) and any federal, state or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees, and Assessments. Consultant shall obtain, at its sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Warranty. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work product, services, materials, papers, documents, interviews, recordings, and/or other components thereto to prevent losses or damages and shall be responsible for all such damages to persons or property, until acceptance of the work by the Personnel Officer and/or Designee, except such losses or damages as may be caused by the Personnel Officer and/or Designee’s own negligence. Consultant agrees that for a period of one-year (or the period of times specified elsewhere in this Agreement) after the date of final acceptance, Consultant shall, within ten (10) days after being notified in writing by the Personnel Officer and/or Designee of any defect in the work or nonconformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. DocuSign Envelope ID: 2E79B5D9-DACF-4B1A-BA38-D7B34AE7CD0D . -2- 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, in an initial amount not to exceed the total sum of Twenty-Five Thousand dollars ($25,000.00), without express written authorization of the Personnel Officer and/or Designee. The Personnel Officer and/or Designee shall reimburse Consultant for expenses outlined in Exhibit “C.” Expenses not listed on Exhibit “C” shall not be reimbursed by the Personnel Officer and/or Designee. 2.2 Method of Payment. Provided that Consultant is not in default under the terms of this Agreement, Consultant shall be paid within sixty (60) days after submittal to the Personnel Officer and/or Designee of an invoice in a form approved by the Personnel Officer and/or Designee describing specifically the services performed. 3.0 COORDINATION OF WORK 3.1 Representative of Consultant. Matt Harvill is hereby designated as being the representative of consultant authorized to act on its behalf with respect to the work or services specified herein and to make all decisions in connection therewith. 3.2 Contract Officer. Human Resource Manager Julie DeZiel is hereby designated as being the representative of the City authorized to act on its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”). The Personnel Officer and/or Designee may designate another Contract Officer by providing notice to consultant of the same. 3.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the Personnel Officer and/or Designee. However, Personnel Officer and/or Designee hereby consents to Consultant’s utilization of Mr. Matt Harvill as Consultant’s independent contractor to perform the Scope of Services herein. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of the Personnel Officer and/or Designee. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the Personnel Officer and/or Designee, the Contract Officer, nor any of the City’s employees shall have any control over the manner, mode, or means by which Consultant, its agents, employees, or subcontractor perform the services required herein, except as otherwise set forth on Exhibit “A”. Consultant, through its subcontractor, shall perform all services required herein as an independent contractor of Personnel Officer and/or Designee and shall remain under only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of the Personnel Officer and/or Designee or the City. DocuSign Envelope ID: 2E79B5D9-DACF-4B1A-BA38-D7B34AE7CD0D . -3- 4.0 INSURANCE AND INDEMNIFICATION 4.1 Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to the Personnel Officer and/or Designee, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $500,000.00 per occurrence for all covered losses and no less than $3,000,000.00 general aggregate. (b) Workers’ Compensation Insurance. A policy of workers’ compensation insurance on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000.00 per accident for all covered losses. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance which complies with the minimum requirements per State law. Said policy shall include coverage for owned, non owned, leased and hired cars. (d) Professional Liability or Error and Omissions Insurance. A policy of professional liability insurance in an amount not less than $1,000,000.00 per claim with respect to loss arising from the actions of Consultant performing professional services hereunder on behalf of the Personnel Officer and/or Designee. All the above policies of insurance shall be primary insurance. The general liability policy shall name the Personnel Officer and/or Designee’s and the City’s officers, employees, and agents (“City Parties”) as additional insureds and shall waive all rights of subrogation and contribution it may have against the Personnel Officer and/or Designee and the City’s Parties and their respective insurers. All of said policies of insurance shall provide that said insurance may be not cancelled without providing ten (10) days’ prior written notice by registered mail to the Personnel Officer and/or Designee. In the event any of said policies of insurance are cancelled or amended, Consultant shall, prior to the cancellation or amendment date, submit new evidence of insurance in conformance with this Section 4.1 to the Personnel Officer and/or Designee. No work or services under this Agreement shall commence until Consultant has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the Personnel Officer and/or Designee. Consultant agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant’s activities or the activities of any person or persons for which Consultant is otherwise responsible. DocuSign Envelope ID: 2E79B5D9-DACF-4B1A-BA38-D7B34AE7CD0D . -4- The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City due to unique circumstances. In the event that Consultant is authorized to subcontract any portion of the work or services provided pursuant to this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to this Section 4.1. 4.2 Indemnification. (a) Indemnity for Professional Liability. When the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless the Personnel Officer and/or Designee and City Parties from and against any and all losses, liabilities, damages, costs and expenses, including attorneys’ fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subcontractors (or any entity or individual for which Consultant shall bear legal liability) in the performance of or failure to perform any term, provision, covenant, or condition of professional services under this Agreement. (b) Indemnity for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless the Personnel Officer and/or Designee and City Parties from and against any liability (including liability for claims, suits, actions, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, defense costs and expert witness fees) (“claims or liabilities”), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the negligent performance of or failure to perform any term, provision, covenant, or condition of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant, but excluding any such claims or liabilities to the extent caused by the negligence or willful misconduct of the Personnel Officer and/or Designee and/or City Parties. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force and effect until one year from the date of the Personnel Officer and/or Designee’s execution of this Agreement. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to the other party. Upon receipt of the notice of termination, Consultant shall immediately cease all work or services hereunder except as may be specifically approved by the Personnel Officer and/or Designee. In the event of termination by the Personnel Officer and/or Designee, Consultant shall DocuSign Envelope ID: 2E79B5D9-DACF-4B1A-BA38-D7B34AE7CD0D . -5- be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Personnel Officer and/or Designee. The Personnel Officer and/or Designee shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through it, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6.2 Non liability of City Officers and Employees. No officer or employee of the Personnel Officer and/or Designee or City Parties shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest. No officer or employee of the Personnel Officer and/or Designee or City Parties shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any state statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement, and that its representatives and agents have not done so either. The Personnel Officer and/or Designee and City Parties understand and acknowledge that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of the Personnel Officer and/or Designee and/or City Parties, relative to such projects. Any future position of the Personnel Officer and/or Designee and/or City Parties of such projects shall not be considered a conflict of interest for purposes of this Section. The Personnel Officer and/or Designee and City Parties understand and acknowledge that Consultant will perform non-related services for other governmental agencies and private parties, following the completion of the scope of services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this Section. 6.4 Confidential Information; Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any DocuSign Envelope ID: 2E79B5D9-DACF-4B1A-BA38-D7B34AE7CD0D . -6- such information or work product to persons or entities other than the Personnel Officer and/or Designee without prior written authorization from the Contract Officer, except as may be required by law. (b) Consultant, its officers, employees, or agents shall not, without prior written authorization from the Contract Officer voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives the Personnel Officer and/or Designee notice of such court order or subpoena. (c) If Consultant, or any officer, employee, or agent provides any information or work product in violation of this Agreement, then the Personnel Officer and/or Designee and/or City Parties shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify the Personnel Officer and/or Designee should Consultant, its officers, employees, or agents be served with any summons, complaint, subpoena, notice of deposition, requests for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the work performed thereunder. The Personnel Officer and/or Designee retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with the Personnel Officer and/or Designee and to provide the Personnel Officer and/or Designee with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by the City to control, direct, or rewrite said response. 6.5 Notice. Any notice or other communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, as follows: To the City: Julie DeZiel Personnel Officer and/or Designee City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Email: jdeziel@rpvca.gov To Consultant: T. Brock Avery Norman A. Traub Associates 2625 Townsgate Rd, Suite 330, Westlake Village, CA. 91361 714-693-3428 Email: ba.normtraub@gmail.com DocuSign Envelope ID: 2E79B5D9-DACF-4B1A-BA38-D7B34AE7CD0D . -7- 6.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.7 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and that this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by a writing signed by both parties. 6.8 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.9 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.10 Attorneys’ Fees. If either party to this Agreement is required to initiate, defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to reasonable attorneys’ fees, whether or not the matter proceeds to judgment. 6.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. [SIGNATURES NEXT PAGE] DocuSign Envelope ID: 2E79B5D9-DACF-4B1A-BA38-D7B34AE7CD0D . -8- IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY: City of Rancho Palos Verdes Date: ___________________ By: ________________________________ Ara M. Mihranian, City Manager CONSULTANT: NORMAN A. TRAUB & ASSOCIATES, LLC Date: ___________________ By: ______________________________ T. Brock Avery, Principal/General Manager [END OF SIGNATURES] DocuSign Envelope ID: 2E79B5D9-DACF-4B1A-BA38-D7B34AE7CD0D 8/22/2023 8/21/2023 EXHIBIT “A” SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE Consultant shall provide personnel investigation services to the City to determine if an employee of the City engaged in misconduct and violation of City policy based upon complaints received by the City (the Work or the Services). Consultant must obtain written approval from the Contract Officer to investigate additional allegations or subject employees that may arise from the assigned investigation. Work elements include: 1. Within five (5) business days of the commencement of the investigation, develop an investigation plan and budget for approval by the Contract Officer, to include an estimate of the time period required to perform the investigation. 2. Investigate circumstances prior to and surrounding allegations that an employee of the City engaged in misconduct; a) Reviewing applicable federal, state, and local law; b) Reviewing applicable City rules and regulations; c) Reviewing documentary evidence, including email correspondence and text messages; d) Interviewing subjects and witnesses; e) Following-up on other evidentiary leads; f) Meet with the City’s Contract Officer and City Attorney’s Office to finalize the scope of the investigation; g) Obtain or develop relevant time records of employee activities; h) Assess the credibility of the complainants, witnesses, and the subject of the investigation; i) Digitally record all interviews and transcribe all recordings; j) Periodically communicate with the City’s Contract Officer with updates/progress and other important issues; k) Conduct additional interviews and collect other relevant documents, if necessary; l) Prepare a fact-finding report. 3. Participate in teleconferences and meetings with City staff as needed, to include weekly updates on progress. 4. Within forty five (45) days of the commencement of the investigation, or such other date as agreed to in writing by the parties, prepare and deliver to the City a written report and three DocuSign Envelope ID: 2E79B5D9-DACF-4B1A-BA38-D7B34AE7CD0D EXHIBIT “A” copies thereof, summarizing relevant information collected and detailing the conclusion of the investigation. All work product is subject to review and acceptance by the City and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by the City. 5. The report will include the following elements: (1) an executive summary of the findings, (2) the methodology used, (3) a discussion of the evidence obtained, and how credibility issues were resolved and (4) detailed findings of the investigation. 6. The findings are limited to the points set forth above, in the section entitled “Scope of Investigation.” The investigators shall not reach any legal conclusions or speculate regarding the legal significance of any claim or defense or make recommendations for discipline. The Consultant is solely responsible for providing the analysis and advice necessary to respond to the investigative report. The following terminology may be used (at the Consultant’s discretion) to describe the findings of the investigations: Unfounded: The investigation clearly established that the allegation is not true. Exonerated: The investigation clearly established that the conduct occurred but did not violate agency policies. Not Sustained: There is insufficient evidence to determine whether the alleged misconduct occurred. Sustained: The alleged conduct occurred. 7. Participate in administrative and/or civil proceedings related to the investigation or disciplinary actions or civil litigation resulting therefrom, including but not limited to depositions, hearings, and/or courtroom testimony. DocuSign Envelope ID: 2E79B5D9-DACF-4B1A-BA38-D7B34AE7CD0D EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) Deleted text is indicated in strikethrough, added text is indicated in bold italics. I. Section 1.3, Licenses, Permits, Fees, and Assessments, is amended to read: Consultant shall not be required to obtain a business license. II. Section 3.2, Contract Officer, is amended to read: 3.2 Contract Officer. Human Resource Manager Julie DeZiel is hereby designated as being the representative of the City authorized to act on its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”). The Personnel Officer and/or Designee may designate another Contract Officer by providing notice to consultant of the same. The City Attorney’s Office, through its representative Deputy City Attorney Colin Tanner, shall receive a complete copy of any final report for purposes of advising the City regarding same. III. Subsection (b) of Section 4.1, Insurance, is amended to read: Workers’ Compensation Insurance. Consultant is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provision of that Code, and Consultant will comply with such provision before commencing the performance of the work of this Agreement. Consultant certifies that in the performance of the work under the permit, license agreement, purchase order, or contract with the City, which is the subject matter of this certification, Consultant shall not, in any manner, employ any person or contract with any person so that any worker on said work would become subject to the workers’ compensation laws of the State of California. Consultant waives any right of subrogation against the City. IV. Subsection (a) of Section 6.4, Confidential Information; Release of Information, is amended to read: (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the Personnel Officer and/or Designee or City Attorney’s Office without prior written authorization from the Contract Officer, except as may be required by law. DocuSign Envelope ID: 2E79B5D9-DACF-4B1A-BA38-D7B34AE7CD0D EXHIBIT “C” SCHEDULE OF COMPENSATION I. Consultant shall be paid for actual time worked, pursuant to the following fee schedule: • Investigator services: $200 per hour, including travel time, necessary to perform the Services. • Post investigation hearings, trials, depositions, etc. subpoenaed or requested in writing by the client or if subpoenaed by any party to the investigation, the compensation shall be at $275 per hour, four-hour minimum plus expenses. When the investigator is placed on an on-call status, the fee is $150 per hour, four-hour minimum. • Surveillances: $125 per hour, plus expenses. II. Consultant shall inform the City’s Contract Officer in writing upon rendering Services under this Agreement up to the initial amount of Eight Thousand Dollars ($8,000) and shall also provide a brief summary of the Services provided. Upon the express written authorization of the City’s Contract Officer, Consultant shall continue rendering services under this Agreement and shall inform the City’s Contract Officer in writing upon rendering services under this Agreement up to the Contract Sum of Ten Thousand ($10,000), and shall therewith provide a brief summary of the Services provided. Any services rendered beyond the Contract Sum shall not be compensated, and expenses incurred shall not be reimbursed, unless first approved by the City, in accordance with it purchasing ordinance. III. Expense reimbursement Consultant shall seek prior written approval from the City’s Contract Officer for any expenses related to the services provided pursuant to this Agreement that the Consultant seeks to have reimbursed, including but not limited to the actual cost of materials, equipment, and supplies. Approval shall not be unreasonably withheld. Upon completion of an investigation, or once every thirty (30) days, whichever is shorter, Consultant shall submit invoices to the City with copies to the Contract Officer detailing by line item the charges by the following categories: • Professional services provided • Travel time and mileage • Materials • Equipment • Digital Recording costs and verbatim transcripts of the same; and • Supplies. DocuSign Envelope ID: 2E79B5D9-DACF-4B1A-BA38-D7B34AE7CD0D Certificate Of Completion Envelope Id: 2E79B5D9DACF4B1ABA38D7B34AE7CD0D Status: Completed Subject: Complete with DocuSign: CSA for Norm Traub - Investigation Services 8.2023.pdf Source Envelope: Document Pages: 12 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Alexandra Dillon AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 adillon@rpvca.gov IP Address: 72.34.97.146 Record Tracking Status: Original 8/21/2023 8:56:34 AM Holder: Alexandra Dillon adillon@rpvca.gov Location: DocuSign Signer Events Signature Timestamp Ara Mihranian aram@rpvca.gov City Manager City of Rancho Palos Verdes Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 104.34.113.36 Sent: 8/21/2023 8:59:24 AM Resent: 8/22/2023 1:00:37 PM Viewed: 8/22/2023 2:42:27 PM Signed: 8/22/2023 2:42:48 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Brock T. Avery ba.normtraub@gmail.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 47.156.9.71 Sent: 8/21/2023 8:59:25 AM Viewed: 8/21/2023 11:11:31 AM Signed: 8/21/2023 11:12:00 AM Electronic Record and Signature Disclosure: Accepted: 8/21/2023 11:11:31 AM ID: a3d4dbb6-eb84-4dfb-971b-3e36fd58e093 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 Eileen Jacinto ejacinto@rpvca.gov Human Resources Analyst City of Rancho Palos Verdes Security Level: Email, Account Authentication (None) Sent: 8/21/2023 8:59:25 AM Viewed: 8/22/2023 5:12:55 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/21/2023 8:59:25 AM Certified Delivered Security Checked 8/21/2023 11:11:31 AM Signing Complete Security Checked 8/21/2023 11:12:00 AM Completed Security Checked 8/22/2023 2:42:48 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Rancho Palos Verdes (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 electronicall y 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 av ailable 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: 6/15/2021 5:55:39 PM Parties agreed to: Brock T. Avery 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 Palos Verdes: 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: terit@rpvca.gov To advise City of Rancho Palos Verdes 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 terit@rpvca.gov 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 Palos Verdes 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 terit@rpvca.gov 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 Palos Verdes 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 terit@rpvca.gov 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 Palos Verdes 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 Palos Verdes during the course of your relationship with City of Rancho Palos Verdes.