T & M Projects Inc dba T & M Construction - FY2025-049
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
T & M PROJECTS, INC
DBA: T & M CONSTRUCTION
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AGREEMENT FOR PROFESSIONAL ABATEMENT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
T & M CONSTRUCTION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered
into this 17th day of December, 2024 by and between the CITY OF RANCHO PALOS
VERDES, a California municipal corporation (“City”) and T & M PROJECTS INC. DBA: T &
M CONSTRUCTION, a California corporation (“Contractor”). The City and Contractor are
sometimes hereinafter individually referred to individually as “Party” and collectively as
“Parties.”
RECITALS
WHEREAS, the City desires to engage Contractor to undertake certain public nuisance
abatement services (as detailed in the Scope of Services hereinafter) at the property to common
street address is 4361 Exultant Drive, City of Rancho Palos Verdes.
WHEREAS, Contractor certifies she possesses the skills, experience, ability, background
and knowledge necessary to provide the services described in this Agreement on the terms and
conditions described herein.
WHEREAS, pursuant to the City’s Municipal Code, the City has authority to enter into
and execute this Agreement.
WHEREAS, the Parties desire to formalize the selection of Contractor for performance of
those services defined and described particularly in the Scope of Services, Exhibit “A” of this
Agreement and desire that the terms of that performance be as particularly defined and described
herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, Contractor shall provide those
services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated
herein by reference, which may be referred to herein as the “services” or “work” hereunder. As
a material inducement to the City entering into this Agreement, Contractor represents and
warrants that it has the qualifications, experience, and facilities necessary to properly perform the
services required under this Agreement in a thorough, competent, and professional manner, and
is experienced in performing the work and services contemplated herein. Contractor shall at all
times faithfully, competently and to the best of its ability, experience and talent, perform all
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services described herein. Contractor covenants that she shall follow the highest professional
standards in performing the work and services required hereunder and that all materials will be
both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the
phrase “highest professional standards” shall mean those standards of practice recognized by one
or more first-class firms performing similar work under similar circumstances.
1.2 Compliance with Law.
Contractor shall keep herself informed concerning, and shall render all services hereunder
in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and
any Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.3 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at her 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.
Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Contractor’s performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless the City, its officers, employees or agents of the City,
against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed
against the City hereunder.
1.4 Familiarity With Work.
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Contractor warrants that Contractor has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should Contractor discover any latent or unknown conditions, which will materially
affect the performance of the services hereunder, Contractor shall immediately inform the City of
such fact and shall not proceed except at Contractor’s risk until written instructions are received
from the Contract Officer.
1.5 Care of Work.
Contractor shall adopt reasonable methods during the life of the Agreement to furnish
continuous protection to the work, and the equipment, materials, papers, documents, plans,
studies and/or other components thereof to prevent losses or damages, and shall be responsible
for all such damages, to persons or property, until acceptance of the work by the City, except
such losses or damages as may be caused by the City’s own negligence.
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1.6 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.7 Additional Services.
The City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work. No such extra work may be
undertaken unless a written order is first given by the Contract Officer to Contractor,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Contractor. Any increase in compensation of up to ten percent (10%) of
the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred
eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Contractor that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services
to be provided pursuant to the Scope of Services may be more costly or time consuming than
Contractor anticipates and that Contractor shall not be entitled to additional compensation
therefor. The City may in its sole and absolute discretion have similar work done by other
contractors. No claims for an increase in the Contract Sum or time for performance shall be
valid unless the procedures established in this Section are followed.
1.8 Special Requirements.
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.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the
amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed Fifty-Five Thousand Dollars ($55,000.00) plus the costs and
10% markup of the AQMD Asbestos Survey report and the Hazardous Material
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Abatement , as set forth in the Scope of Services, Exhibit “A” to the Agreement (the
“Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Contractor’s rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Contractor, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor
shall within ten (10) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Contractor be entitled to recover damages against the City for any delay in the performance of
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this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement
pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding one (1)
years from the date hereof, except as otherwise provided in the Schedule of Performance
(Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
Contractor shall utilize only competent personnel to perform services pursuant to this
Agreement. Contractor shall make every reasonable effort to maintain the stability and
continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services
required under this Agreement. Contractor shall notify the City of any changes in Contractor’s
staff and subcontractors, if any, assigned to perform the services required under this Agreement,
prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind the City in any manner, or to incur any
obligation, debt or liability of any kind on behalf of or against the City, whether by contract or
otherwise, unless such authority is expressly conferred under this Agreement or is otherwise
expressly conferred in writing by the City. Contractor shall not at any time or in any manner
represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner
officials, officers, employees or agents of the City. Neither Contractor, nor any of Contractor’s
officers, employees or agents, shall obtain any rights to retirement, health care or any other
benefits which may otherwise accrue to the City’s employees. Contractor expressly waives any
claim Contractor may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the Director of Community Development or such person as
may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that
the Contract Officer is kept informed of the progress of the performance of the services and the
Contractor shall refer any decisions which must be made by the City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean the
approval of the Contract Officer. The Contract Officer shall have authority, if specified in
writing by the City Manager, to sign all documents on behalf of the City required hereunder to
carry out the terms of this Agreement.
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4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode
or means by which Contractor, its agents or employees, perform the services required herein,
except as otherwise set forth herein. The City shall have no voice in the selection, discharge,
supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Contractor shall perform all services required
herein as an independent contractor of the City and shall remain at all times as to the City a
wholly independent contractor with only such obligations as are consistent with that role.
Contractor 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 City. The City shall not in any way or for any purpose
become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer
or a member of any joint enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Contractor shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of the City. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Contractor, taking all transfers into account on
a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or
any surety of Contractor of any liability hereunder without the express consent of the City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Contractor shall procure and maintain, at its sole cost and expense, in a form and content
satisfactory to the City, during the entire term of this Agreement including any extension thereof,
the following policies of insurance which shall cover all elected and appointed officers,
employees and agents of the City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or
equivalent). A policy of comprehensive general liability insurance written on a per occurrence
basis for bodily injury, personal injury and property damage. The policy of insurance shall be in
an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used,
then the general aggregate limit shall be twice the occurrence limit.
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(b) Workers’ Compensation Insurance. A policy of worker’s compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for the Contractor against any loss, claim or
damage arising from any injuries or occupational diseases occurring to any worker employed by
or any persons retained by the Contractor in the course of carrying out the work or services
contemplated in this Agreement.
(c) Automobile Insurance (Form CA 0001 (Ed 1/87) including “any auto” and
endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance
written on a per occurrence for bodily injury and property damage in an amount not less than
$1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and
any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the
Contractor’s profession. This coverage may be written on a “claims made” basis, and must
include coverage for contractual liability. The professional liability insurance required by this
Agreement must be endorsed to be applicable to claims based upon, arising out of or related to
services performed under this Agreement. The insurance must be maintained for at least 5
consecutive years following the completion of Contractor’s services or the termination of this
Agreement. During this additional 5-year period, Contractor shall annually and upon request of
the City submit written evidence of this continuous coverage.
(e) Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City,
its elected and appointed officers, employees and agents as additional insureds and any insurance
maintained by the City or its officers, employees or agents may apply in excess of, and not
contribute with Contractor’s insurance. The insurer is deemed hereof to waive all rights of
subrogation and contribution it may have against the City, its officers, employees and agents and
their respective insurers. Moreover, the insurance policy must specify that where the primary
insured does not satisfy the self-insured retention, any additional insured may satisfy the self-
insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or
cancelled by the insurer or any party hereto without providing thirty (30) days prior written
notice by certified mail return receipt requested to the City. In the event any of said policies of
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insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence
of insurance in conformance with Section 5.1 to the Contract Officer.
No work or services under this Agreement shall commence until the Contractor has
provided the City with Certificates of Insurance, additional insured endorsement forms or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City. The City reserves the right to inspect complete,
certified copies of and endorsements to all required insurance policies at any time. Any failure
to comply with the reporting or other provisions of the policies including breaches or warranties
shall not affect coverage provided to the City.
All certificates shall name the City as additional insured (providing the appropriate
endorsement) and shall conform to the following “cancellation” notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY
SHALL MAIL THIRTY (30)-DAY ADVANCE WRITTEN NOTICE TO
CERTIFICATE HOLDER NAMED HEREIN.
[to be initialed] ______________
Contractor Initials
The City, its respective elected and appointed officers, directors, officials, employees,
agents and volunteers are to be covered as additional insureds as respects: liability arising out of
activities Contractor performs; products and completed operations of Contractor; premises
owned, occupied or used by Contractor; or any automobiles owned, leased, hired or borrowed by
Contractor. The coverage shall contain no special limitations on the scope of protection afforded
to the City, and their respective elected and appointed officers, officials, employees or
volunteers. Contractor’s insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured
retentions as respects the City or its respective elected or appointed officers, officials, employees
and volunteers or Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and claims. Contractor agrees that the
requirement to provide insurance shall not be construed as limiting in any way the extent to
which Contractor may be held responsible for the payment of damages to any persons or
property resulting from Contractor’s activities or the activities of any person or persons for
which the Contractor is otherwise responsible nor shall it limit Contractor’s indemnification
liabilities as provided in Section 5.3.
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In the event Contractor subcontracts any portion of the work in compliance with Section
4.5 of this Agreement, the Agreement between Contractor and such subcontractor shall require
the subcontractor to maintain the same policies of insurance that Contractor is required to
maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to the
City.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims
or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or
entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or
indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Contractor for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys’
fees.
Contractor shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Contractor in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
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as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence,
except that design professionals’ indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional . The
indemnity obligation shall be binding on successors and assigns of Contractor and shall survive
termination of this Agreement.
5.4 Sufficiency of Insurer.
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 Risk Manager
of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more
than 3 years duration, or in the event the risk manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the
Contractor agrees that the minimum limits of the insurance policies may be changed accordingly
upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to the City and services performed hereunder (the “books and records”),
as shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
and detailed. The Contract Officer shall have full and free access to such books and records at
all times during normal business hours of the City, including the right to inspect, copy, audit and
make records and transcripts from such records. Such records shall be maintained for a period of
three (3) years following completion of the services hereunder, and the City shall have access to
such records in the event any audit is required. In the event of dissolution of Contractor’s
business, custody of the books and records may be given to the City, and access shall be
provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall
fully cooperate with the City in providing access to the books and records if a public records
request is made and disclosure is required by law including but not limited to the California
Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost
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of work and services to be performed pursuant to this Agreement. For this reason, Contractor
agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Contractor is providing design services, the cost of the project being designed, Contractor
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Contractor is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the “documents and materials”)
prepared by Contractor, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of the City and shall be delivered to the City upon request of the
Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim
for further employment or additional compensation as a result of the exercise by the City of its
full rights of ownership use, reuse, or assignment of the documents and materials hereunder.
Any use, reuse or assignment of such completed documents for other projects and/or use of
uncompleted documents without specific written authorization by the Contractor will be at the
City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties
shall not extend to such use, reuse or assignment. Contractor may retain copies of such
documents for its own use. Contractor shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to the City of any documents or materials
prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall
indemnify the City for all damages resulting therefrom. Moreover, Contractor with respect to
any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C.
§ 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor
in performance of this Agreement shall be considered confidential, unless such information is in
the public domain or already known to Contractor. Contractor shall not release or disclose any
such information or work product to persons or entities other than the City without prior written
authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors,
shall not, without prior written authorization from the Contract Officer or unless requested by the
City Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response 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 Contractor gives the City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of
Contractor, provides any information or work product in violation of this Agreement, then the
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City shall have the right to reimbursement and indemnity from Contractor for any damages, costs
and fees, including attorneys fees, caused by or incurred as a result of Contractor’s conduct.
(d) Contractor shall promptly notify the City should Contractor, its
officers, employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admiss ions or other
discovery request, court order or subpoena from any party regarding this Agreement and the
work performed there under. The City retains the right, but has no obligation, to represent
Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to
cooperate fully with the City and to provide the City with the opportunity to review any response
to discovery requests provided by Contractor. 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.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes; Default.
In the event that Contractor is in default under the terms of this Agreement, the City shall
not have any obligation or duty to continue compensating Contractor for any work performed
after the date of default. Instead, the City may give notice to Contractor of the default and the
reasons for the default. The notice shall include the timeframe in which Contractor may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Contractor is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Contractor does not cure the default, the
City may take necessary steps to terminate this Agreement under this Article. Any failure on the
part of the City to give notice of the Contractor’s default shall not be deemed to result in a
waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Contractor hereby authorizes the City to deduct from any amount payable to Contractor
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
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dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by the City, and (ii) all amounts for which the City may be liable to third
parties, by reason of Contractor’s acts or omissions in performing or failing to perform
Contractor’s obligation under this Agreement. In the event that any claim is made by a third
party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist
which shall appear to be the basis for a claim of lien, the City may withhold from any payment
due, without liability for interest because of such withholding, an amount sufficient to cover such
claim. The failure of the City to exercise such right to deduct or to withhold shall not, however,
affect the obligations of the Contractor to insure, indemnify, and protect the City as elsewhere
provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by
any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any
other provision or a waiver of any subsequent breach or violation of any provision of this
Agreement. Acceptance by the City of any work or services by Contractor shall not constitute a
waiver of any of the provisions of this Agreement. 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. 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.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party
of one or more of such rights or remedies shall not preclude the exercise by that party, at the
same or different times, of any other rights or remedies for the same default or any other default
by the other Party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
provision herein, Contractor shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Agreement except as specifically
provided in the following Section for termination for cause. The City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written
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notice to Contractor, except that where termination is due to the fault of the Contractor, the
period of notice may be such shorter time as may be determined by the Contract Officer. In
addition, Contractor reserves the right to terminate this Agreement at any time, with or without
cause, upon sixty (60) days’ written notice to City where practicable, except that where
termination is due to the fault of the City, the period of notice may be such shorter time as
Contractor may determine. Upon receipt of any notice of termination, Contractor shall
immediately cease all services hereunder except such as may be specifically approved by the
Contract Officer. Except where Contractor has initiated termination, Contractor shall be entitled
to compensation for all services rendered prior to the effective date of the notice of termination
and for any services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer, except as
provided in Section 7.3. In the event Contractor has initiated termination, Contractor shall be
entitled to compensation only for the reasonable value of the work product actually produced
hereunder. In the event of termination without cause pursuant to this Section, the terminating
party need not provide the non-terminating party with the opportunity to cure pursuant to Section
7.2.
7.8 Termination for Default of Contractor.
If termination is due to the failure of Contractor to fulfill her obligations under this
Agreement, the City may, after compliance with the provisions of Section 7.2, take over the
work and prosecute the same to completion by contract or otherwise, and Contractor shall be
liable to the extent that the total cost for completion of the services required hereunder exceeds
the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate
such damages), and the City may withhold any payments to Contractor for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys’ Fees.
If either Party to this Agreement is required to initiate or 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, whether legal or
equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s
fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to Contractor, or any
successor in interest, in the event of any default or breach by the City or for any amount which
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may become due to Contractor or to her successor, or for breach of any obligation of the terms of
this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither she, nor any officer or principal of her firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of the City or which would in any way hinder Contractor’s performance of services under this
Agreement. Contractor further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by her as an officer, employee, agent or
subcontractor without the express written consent of the Contract Officer. Contractor agrees to
at all times avoid conflicts of interest or the appearance of any conflicts of interest with the
interests of the City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. Contractor warrants she has not paid or given and will not pay or give
any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Contractor covenants that, by and for herself, her heirs, executors, assigns, and all
persons claiming under or through them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of race, color, creed, religion, sex,
gender, sexual orientation, marital status, national origin, ancestry or other protected class in the
performance of this Agreement. Contractor shall take affirmative action to insure that applicants
are employed and that employees are treated during employment without regard to their race,
color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or
other protected class.
8.4 Unauthorized Aliens.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ
such unauthorized aliens for the performance of work and/or services covered by this
Agreement, and should any liability or sanctions be imposed against the City for such use of
unauthorized aliens, Contractor hereby agrees to and shall reimburse the City for the cost of all
such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees,
incurred by the City.
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or 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, in the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Rancho Palos Verdes, 30940 Hawthorne Blvd., California 90275 and in the case of Contractor,
to the person(s) at the address designated on the execution page of this Agreement. Either Party
may change its address by notifying the other Party of the change of address in writing. Notice
shall be deemed communicated at the time personally delivered or in seventy-two (72) hours
from the time of mailing if mailed as provided in this Section.
9.2 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.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the Parties. It is understood that there are no oral agreements
between the Parties hereto affecting this Agreement and 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. No amendment to or
modification of this Agreement shall be valid unless made in writing and approved by Contractor
and by the City Council. The Parties agree that this requirement for written modifications cannot
be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in 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 phrases, sentences, clauses, paragraphs, or sections 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.
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9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of the City has any financial interest, direct or indirect,
in this Agreement, nor shall any official, officer, or employee of the City participate in any
decision relating to this Agreement which may affect his/her financial interest or the financial
interest of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any corporation, partnership, or association in which (s)he is directly
or indirectly interested, or in violation of any State or municipal statute or regulation. The
determination of “financial interest” shall be consistent with State law and shall not include
interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or
1091.5. Contractor warrants and represents that she has not paid or given, and will not pay or
give, to any third party including, but not limited to, any City official, officer, or employee, any
money, consideration, or other thing of value as a result or consequence of obtaining or being
awarded any agreement. Contractor further warrants and represents that she has not engaged in
any act(s), omission(s), or other conduct or collusion that would result in the payment of any
money, consideration, or other thing of value to any third party including, but not limited to, any
City official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Contractor is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Contractor’s Authorized Initials _______
9.7 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) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement
shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
David L. Bradley, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONTRACTOR:
T & M PROJECT, INC.
DBA: T & M CONSTRUCTION
Francine Accetta
President
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EXHIBIT “A”
SCOPE OF SERVICES
I. Contractor will provide abate and demolition services, as more fully detailed below.
Contractor has been selected to provide services of a certain nature which will be
readily available for a fixed rate when needed. Unless specifically defined, each
category or type of work listed below shall be construed broadly to include all
services customarily described under such category or type.
A. Those abatement and demolition services as detailed in that certain “Bid Proposal
– Demolition Services attached hereto as Attachment “1,” and incorporated herein
by this reference
II. As part of the Services, Contractor will prepare and deliver the following tangible
work products to the City:
Not applicable.
III. Contractor shall be responsible for providing all supplies and equipment necessary
to perform the Services herein.
IV. All work product is subject to review and acceptance by the City, and must be
revised by Contractor without additional charge to the City until found satisfactory
and accepted by the City.
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
City hereby waives the requirements of Section 2.3, 2.4, and 5.1(d) & (e) of the
Agreement
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. The City will compensate Contractor for the Services performed upon submission of
a valid invoice.
II. The total compensation for the Services under this Agreement shall not exceed
$55,000.00, the total compensation for the services under this Agreement for the
Hazardous Material Survey and the abatement of hazardous materials shall be
compensated to Contractor upon receipt of subcontractor invoice plus ten percent
(10%).
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall complete the Services within two (2) working days after receipt by
the Contractor of AQMD demolition notification.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
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EXHIBIT “E”
CALIFORNIA LABOR LAW
The following provisions shall apply to all work performed under this Agreement that
constitutes a “public work” as defined in Labor Code Section 1720. In the event of changes in
law by governmental authorities having jurisdiction, Contractor shall comply with such changes,
or have the option of terminating this Agreement without penalty.
(a) Public Work. This Agreement is subject to the requirements of Division 2, Part 7,
Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public
works contracts and the rules and regulations established by the Department of Industrial
Relations (“DIR”) implementing such statutes. The work performed under this Agreement is
subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site
notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required
by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing
rate of per diem wages are on file at City Hall and will be made available to any interested party
on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a
copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per
diem wages, and Contractor shall post a copy of the same at each job site where work is
performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be
bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of
prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The
Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar
day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
DIR for the work or craft in which the worker is employed for any public work done pursuant to
this Agreement by Contractor or by any subContractor.
(d) Payroll Records. Contractor shall comply with and be bound by the provisions of
Labor Code Section 1776, which requires Contractor and each subContractor to: keep accurate
payroll records and verify such records in writing under penalty of perjury, as specified in
Section 1776; certify and make such payroll records available for inspection as provided by
Section 1776; and inform the City of the location of the records.
(e) Apprentices. Contractor shall comply with and be bound by the provisions of
Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8,
Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of
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its subContractors shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor
constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code
Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours.
The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker
employed in the performance of this Agreement by the Contractor or by any subContractor for
each calendar day during which such worker is required or permitted to work more than eight (8)
hours in any one calendar day and forty (40) hours in any one calendar week in violation of the
provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code
section 1815, work performed by employees of Contractor in excess of eight (8) hours per day,
and forty (40) hours during any one week shall be permitted upon public work upon
compensation for all hours worked in excess of 8 hours per day at not less than one and one-half
(1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide
that every employer will be required to secure the payment of compensation to its employees if it
has employees. In accordance with the provisions of California Labor Code Section 1861,
Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for SubContractors. For every subContractor who
will perform work under this Agreement, Contractor shall be responsible for such
subContractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720)
of the California Labor Code, and shall make such compliance a requirement in any contract
with any subContractor for work under this Agreement. Contractor shall be required to take all
actions necessary to enforce such contractual provisions and ensure subContractor's compliance,
including without limitation, conducting a review of the certified payroll records of the
subContractor on a periodic basis or upon becoming aware of the failure of the subContractor to
pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take
corrective action to halt or rectify any such failure by any subContractor.
Docusign Envelope ID: 61AD6274-AF95-49DC-AA91-3CB7665C118F
Certificate Of Completion
Envelope Id: 61AD6274-AF95-49DC-AA91-3CB7665C118F Status: Completed
Subject: Complete with Docusign: Attachment A_T_M Construction Short Form Agreement(1037336.1) .pdf
Source Envelope:
Document Pages: 25 Signatures: 4 Envelope Originator:
Certificate Pages: 5 Initials: 3 Lisa Garrett
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
lisag@rpvca.gov
IP Address: 10.101.81.73
Record Tracking
Status: Original
5/5/2025 11:11:24 AM
Holder: Lisa Garrett
lisag@rpvca.gov
Location: DocuSign
Signer Events Signature Timestamp
Francine Acetta
office.tmconstruction@gmail.com
VICE PRESIDENT
T&M Projects Inc. dba T&M Construction
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 10.101.81.9
Sent: 5/5/2025 11:26:45 AM
Resent: 5/6/2025 9:39:23 AM
Resent: 5/6/2025 11:50:41 AM
Viewed: 5/6/2025 11:54:11 AM
Signed: 5/6/2025 11:54:29 AM
Electronic Record and Signature Disclosure:
Accepted: 5/6/2025 11:54:11 AM
ID: f204b345-7758-47aa-84c8-ba9502e03fcb
David Bradley
David.Bradley@rpvca.gov
Self
Anthem Blue Cross
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 54.176.242.178
Sent: 5/6/2025 11:54:31 AM
Viewed: 5/6/2025 10:29:45 PM
Signed: 5/8/2025 6:08:42 AM
Electronic Record and Signature Disclosure:
Accepted: 4/6/2022 5:59:34 AM
ID: f0c88f71-e2e8-4736-ab5c-59950463981e
William Wynder
wwynder@awattorneys.com
City Attorney
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 2a09:bac3:a3a7:f9b::18e:199
Signed using mobile
Sent: 5/8/2025 6:08:46 AM
Viewed: 5/8/2025 6:12:36 AM
Signed: 5/8/2025 6:13:20 AM
Electronic Record and Signature Disclosure:
Accepted: 5/8/2025 6:12:36 AM
ID: 2ae45f2a-a398-4620-bf93-da045734877c
Teresa Takaoka
terit@rpvca.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 75.83.180.163
Signed using mobile
Sent: 5/8/2025 6:13:22 AM
Viewed: 5/8/2025 6:41:39 AM
Signed: 5/8/2025 6:41:49 AM
Electronic Record and Signature Disclosure:
Accepted: 5/8/2025 6:41:39 AM
ID: 8f7db555-6735-459c-916c-5701eef6740b
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
Lisa Garrett
lisag@rpvca.gov
Senior Administrative Analyst (CDD)
City of Rancho Palos Verdes
Security Level: Email, Account Authentication
(None)
Sent: 5/8/2025 6:41:51 AM
Resent: 5/8/2025 6:41:54 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Octavio Silva
OctavioS@rpvca.gov
Interim Director of Community Development
Security Level: Email, Account Authentication
(None)
Sent: 5/8/2025 6:41:52 AM
Electronic Record and Signature Disclosure:
Accepted: 12/20/2024 12:47:29 AM
ID: 69ead2fd-6b5b-4416-a0f6-89c10072771d
City Clerk Office
CityClerk@rpvca.gov
Security Level: Email, Account Authentication
(None)
Sent: 5/8/2025 6:41:53 AM
Viewed: 5/12/2025 2:52:27 PM
Electronic Record and Signature Disclosure:
Accepted: 9/24/2024 5:58:09 PM
ID: 1bcb8e93-870a-4c5c-be5c-97c44ea3114e
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/5/2025 11:26:46 AM
Certified Delivered Security Checked 5/8/2025 6:41:39 AM
Signing Complete Security Checked 5/8/2025 6:41:49 AM
Completed Security Checked 5/8/2025 6:41:53 AM
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: Francine Acetta, David Bradley, William Wynder, Teresa Takaoka, Octavio Silva, City Clerk Office
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.