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HomeMy WebLinkAboutCounty of Santa Clara (15)DocuSlgn Envelope ID: E131372128-7CM-41345-9t 3422731ADB34 %OOPY FUNDING CONTRIBUTION AGREEMENT BETWEEN THE CITY OF PALO ALTO, TOWN OF LOS ALTOS HILLS, AND THE COUNTY OF SANTA CLARA FOR THE PAGE MILL/I-280 INTERIM BICYCLE IMPROVEMENT PROJECT This funding contribution agreement ("AGREEMENT") is made and entered into as of the date it is fully executed by and between the City of Palo Alto, a municipal corporation of the State of California (hereinafter referred to as "PALO ALTO"), Town of Los Altos Hills, a municipal corporation of the State of California (hereinafter referred to as "LOS ALTOS HILLS"),and the County of Santa Clara, a political subdivision of the State of California (hereinafter referred to as "COUNTY"), collectively referred to herein as the "PARTIES" and individually as a "PARTY". RECITALS WHEREAS, Page Mill Road is a major transportation corridor for the movement of workers, goods, and services within Santa Clara County; and WHEREAS, Page Mill Road is also a major route for bicycle travel and in need of improvements to better accommodate bicyclists through the interchange of Page Mill Road and Interstate 280; and WHEREAS, COUNTY intends to design and construct improvements on Page Mill Road through the I-280 interchange to provide a dedicated space for bicyclists, a new bicycle access point onto Page Mill Road, signage to increase motorists' awareness of bicyclists, and other improvements to reduce the speed of motorists and to improve the comfort of bicyclists traveling through the interchange, consistent with the concept plan shown in Exhibit A, which improvements will be hereinafter referred to as "PROJECT"; and WHEREAS, COUNTY has determined that the PROJECT will enhance traffic safety and improve traffic flow, and bicycle and pedestrian facilities in the PROJECT area; and WHEREAS, the PROJECT has been determined to be exempt under the California Environmental Quality Act ("CEQA") and a CEQA Notice of Exemption was posted on September 2, 2016; and WHEREAS, the Santa Clara Valley Transportation Authority has entered into an agreement with COUNTY effective March 15, 2016, to provide $250,000 toward the design and construction costs of the PROJECT; and WHEREAS, the COUNTY has received a Transportation Fund for Clean Air grant of $125,000 toward the design and constructions costs of the PROJECT; and WHEREAS, the total estimated PROJECT cost is $525,000; and WHEREAS, PALO ALTO and LOS ALTOS HILLS desire to contribute funding for the completion of the PROJECT for the benefit of its citizens who travel within the area of the PROJECT; and Page 1 of 5 Funding Contribution Agreement between the City of Palo Alto, Town of Los Altos Hills, and the County of Santa Clara for the Page Mill/I-280 Interim Bicycle Improvements Project— September 2016 DocuSign Envelope ID: E131372128 -7M-41345-9, 3422731ADB34 WHEREAS, the PARTIES desire to memorialize such agreement for funding contributions from PALO ALTO and LOS ALTOS HILLS to the PROJECT in writing. NOW, THEREFORE, for and in consideration of their mutual promises and covenants, and subject to the terms, conditions, and provisions hereinafter set forth, the PARTIES agree as follows: AGREEMENT 1) Scope of Work: The scope of work of the PROJECT will consist of the design and construction of interim bicycle improvements through the Page Mill/Interstate 280 interchange area which include striping and markings of pavement to provide a dedicated space for bicyclists, a new bicycle access point onto Page Mill Road, and signage and other improvements to reduce the speed of motorists, consistent with the concept plan shown in Exhibit A. 2) Design, Environmental, and Permits: COUNTY, as the lead agency on the PROJECT, will be responsible for developing the plans, specifications, and engineers estimate ("PS&E"), securing environmental clearance in conformance with the California Environmental Quality Act, and obtaining an encroachment permit from Caltrans. COUNTY shall provide all construction administration, construction engineering, and inspection services during and through the completion of the construction of the PROJECT. 3) Award of Contract and Construction: The construction work will be performed by a contract awarded by competitive bid and administered by COUNTY pursuant to its contracting principles and applicable law. The PROJECT will be timely completed to COUNTY's reasonable satisfaction, and such extra work as may be desired within the PROJECT limits will be accommodated, subject to being in compliance with the standards of COUNTY and with the Caltrans encroachment permit, and subject to sufficient PROJECT funds being available to ensure completion of the necessary work. 4) PROJECT Cost and Funding: The total PROJECT cost is estimated to be $525,000. The PROJECT shall be funded as follows: Source Amount Santa Clara Valley Transportation Authority $250,000 Transportation Fund for Clean Air Grant $125,000 PALO ALTO $ 80,000 LOS ALTOS HILLS $ 20,000 COUNTY $ 50,000 Total $525,000 If after development of the PS&E, the total estimated cost of the project will exceed $525,000, the PARTIES shall convene to determine a mutually agreed course of action, which may include reducing the scope of work and/or mutually agreeing to fund a higher project cost. If the lowest responsive bid from a responsible bidder exceeds the construction budget, the PARTIES shall convene to determine the mutually agreed course of action, which may include rejecting all bids and/or mutually agreeing to fund a higher bid amount. Page 2 of 5 Funding Contribution Agreement between the City of Palo Alto, Town of Los Altos Hills, and the County of Santa Clara for the Page Mill/I-280 Interim Bicycle Improvements Project— September 2016 DocuSign Envelope ID: EBB72128-7C8D-4B45-9(, 3422731ADB34 5) Timing of PROJECT Funding: a) Within 30 days of full execution of this AGREEMENT, COUNTY shall invoice PALO ALTO in the amount of $80,000. PALO ALTO shall pay the full invoice amount to COUNTY within 30 days of receipt of invoice. b) Within 30 days of full execution of this AGREEMENT, COUNTY shall invoice LOS ALTOS HILLS in the amount of $20,000. LOS ALTOS HILLS shall pay the full invoice amount to COUNTY within 30 days of receipt of invoice. c) Upon PROJECT completion, COUNTY shall provide a final cost summary to PALO ALTO and LOS ALTOS HILLS. The PARTIES shall share in any unspent funds in proportion to their respective contributions. COUNTY shall provide PALO ALTO and LOS ALTOS HILLS with their shares of any unspent funds within 30 days of PROJECT closeout. d) If the PROJECT does not move forward for any reason whatsoever, COUNTY shall promptly return to PALO ALTO and LOS ALTOS HILLS any and all funds paid by PALO ALTO and LOS ALTOS HILLS to COUNTY pursuant to this AGREEMENT, and this obligation of COUNTY shall survive any termination or expiration of this AGREEMENT. 6) Indemnification: In lieu of and not withstanding the pro rata risk allocation, which might otherwise be imposed between the PARTIES pursuant to Government Code Section 895.6, the PARTIES agree that all losses or liabilities incurred by a PARTY for the design and construction of the PROJECT shall not be shared pro rata but, instead, the PARTIES agree that, pursuant to Government Code Section 895.4, each of the PARTIES hereto shall fully indemnify and hold each of the other PARTIES, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this AGREEMENT. No party, nor any officer, board member or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other PARTIES hereto, their officers, board members, employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other PARTIES under this AGREEMENT. 7) Insurance: COUNTY will require its construction contractor to indemnify. PALO ALTO and LOS ALTOS HILLS, their City Councils, commissions, officers, employees, volunteers, and agents and to provide automobile, workers compensation, bodily injury insurance, property damage insurance and contractual liability coverage during the performance of the PROJECT to the same or greater degree typically required by COUNTY from contractors on projects of similar size and scope as the PROJECT. COUNTY will also require that PALO ALTO and LOS ALTOS HILLS, their City Councils, commissions, officers, employees, volunteers, and agents be designated as additional insureds on the construction contractor's commercial general liability policy. Page 3 of 5 Funding Contribution Agreement between the City of Palo Alto, Town of Los Altos Hills, and the County of Santa Clara for the Page Mill/I-280 Interim Bicycle Improvements Project— September 2016 DocuSlgn Envelope ID: EBB72128-7M-4845-9t 3422731ADB34 8) Additional Provisions: a) A PARTY's waiver of any term, condition or covenant, or breach of any term, condition, or covenant, shall not be construed as a waiver of any other term, condition, or covenant or breach of any other term, condition or covenant. b) If any term, condition or covenant of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this AGREEMENT will be valid and binding on the PARTIES. c) This AGREEMENT will be governed and construed in accordance with the laws of the State of California. d) This AGREEMENT may be executed in counterparts and will be binding once executed by all PARTIES. e) The term of this AGREEMENT will commence upon execution of the AGREEMENT by the PARTIES and shall remain in effect until terminated by mutual agreement of the PARTIES or pursuant to Section 8(g), whichever first occurs. If not terminated earlier, the AGREEMENT will expire on December 31, 2018. f) All changes or extensions to the AGREEMENT must be in writing in the form of an amendment and approved in writing by both PARTIES. g) Any PARTY may terminate the AGREEMENT at any time prior to award of the construction contract upon thirty (30) days' written notice. Once the construction contract has been awarded, the AGREEMENT can be terminated only upon the mutual written consent and terms acceptable to the PARTIES; provided, nothing in this section in any way limits the PARTIES' respective ability to seek damages, restitution, or other remedies at law or in equity for damages or other harms incurred or otherwise arising out of this AGREEMENT. h) The designated project engineer for COUNTY for the duration of the PROJECT is Paul Pascoal, or his designee. COUNTY's project engineer will have all the necessary authority to direct technical and professional work within the scope of the AGREEMENT and will serve as the principal point of contact for COUNTY. i) This AGREEMENT does not address or change any authority or responsibility between the PARTIES with regard to maintenance, operation, or future repair responsibility. 9) Notices: Notices required by this AGREEMENT may be delivered by first class mail addressed to the appropriate PARTY at the following addresses and deemed received two (2) business days after placed in the U.S. mail, postage paid and sent to: To PALO ALTO: CITY OF PALO ALTO 250 Hamilton Avenue Palo Alto, CA 94301 Attn: Joshuah D. Mello, Chief Transportation Official Page 4 of 5 Funding Contribution Agreement between the City of Palo Alto, Town of Los Altos Hills, and the County of Santa Clara for the Page Mill/I-280 Interim Bicycle Improvements Project— September 2016 DocuSlgn Envelope ID: E131372128-7C8D-41345-9, 3422731ADB34 To LOS ALTOS HILLS: TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, CA 94022 Attn: Public Works Director To COUNTY: ROADS AND AIRPORTS DEPARTMENT 101 Skyport Drive San Jose, CA 95110-1302 Attn: Michael Murdter, Director IN WITNESS WHEREOF, the PARTIES have entered into this AGREEMENT as of the date it is fully executed by all of the PARTIES. PALO ALTO, a municipal corporation Docuftned by: E 39E7298FB2084DB... Date: James Keene 9/29/2016 City Manager [ Docuftned by: APPROVED AS TO FORM: tea sitkkw C2CEDD84ABC3429... Date: City Attorney 9/28/2016 COUNTY OF SANTA CLARA Michael J. Murdter, Director Roads and Airports Department Sylvia Gallegos Office of the County Executive APPROVED AS TO FORM AND LEGALITY: Christopher Cheleden Lead Deputy County Counsel LOS ALTOS HILLS, a municipal corporation C-eJL /-/ Date:C7 Carl Cahill City Manager APPROVE AS TO FORM: J) Date: a0 ti Steven as City Attorney Page 5 of 5 Date: Date: Date: Funding Contribution Agreement between the City of Palo Alto, Town of Los Altos Hills, and the County of Santa Clara for the Page Mill/I-280 Interim Bicycle Improvements Project— September 2016 `' > W-1,ysc.,? iry; t,,.r.r _s tjFy/ da,."�• gg `, }f;i n„r+� 2'rNo k Z W"�' h 1 S 4,i i "ref 4 tT�i aw LLJ W tmZ4 ter: ti e1,.k' f {�z LeCj CL J ��.te�tt}} yY fR i 7 s 4 a w yr �k s r' ! � N F' ria r C 31i� �a 35 p. N 't ~ r - 21 IN, 'D F CL 3r - x 1 5• W q'.�?+' E 0.. S zy 00 4j w RS C tl%k Ati g ' 4. x DocuSign Envelope ID: EBB72128-7C8D-4B45-8 3422731ADB34 Docu "w: 4$1cuaa0 Certificate Of Completion Envelope Id: 8963F13377B048CA85CD25D5B008A57F Status: Completed Subject: Please DocuSign: SCC-PA-LAH Funding Agreement 9-6-16 Final.pdf Source Envelope: Document Pages: 6 Signatures: 1 Envelope Originator: Certificate Pages: 4 Initials: 0 Jeffery Heckathorn AutoNav: Enabled 250 Hamilton Ave Envelopeld Stamping: Enabled Palo Alto, CA 94301 Time Zone: (UTC -08:00) Pacific Time (US & Canada) Jeffery.Heckathorn@CityofPaloAlto.org IP Address: 199.33.32.254 Record Tracking Status: Original Holder: Jeffery Heckathorn Location: DocuSign 9/28/2016 11:18:11 AM Jeffery.Heckathorn@CityofPaloAlto.org Security Checked Signed Events Signature Timestamp Cara Silver 0000s'p"udby` Eta& St6a Sent: 9/28/2016 11:22:00 AM Cara.Silver@CityofPaloAlto.org Viewed: 9/28/2016 11:24:41 AM Senior Assistant City Attorney C20ED004AS03429... Signed: 9/28/2016 11:25:03 AM City of Palo Alto Security Level: Email, Account Authentication Using IP Address: 199.33.32.254 (None) Electronic Record and Signature Disclosure: Accepted: 7/15/2015 5:07:16 PM ID:11910ed1-61d1-4ff3-9cf9-f4eb5a0768e2 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 Jan8t Billups i Sent: 9/28/2016 11:22:00 AM OPIED P Claims Investigators City of Palo Alto Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/16/2015 9:40:23 AM ID: dfe1018f-934f-4300-bbf3-382374c81668 Notary Events Envelope Summary Events Status Envelope Sent Hashed/Encrypted Certified Delivered Security Checked Signing Complete Security Checked Completed Security Checked Electronic Record and Signature Disclosure Timestamp Timestamps 9/28/2016 11:22:00 AM 9/28/2016 11:24:41 AM 9/28/2016 11:25:03 AM 9/28/2016 11:25:03 AM DocuSign Envelope ID: EBB72128-7C8D-4845-9 3422731ADB34 3 AM Parties agreed to: Cara Silver, Janet Billups CONSUMER DISCLOSURE From time to time, City of Palo Alto (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. DocuSign Envelope ID: E131372128-7CM-41345-9 3422731ADB34 How to contact City of Palo Alto: 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: david.ramberg@cityofpaloalto.org To advise City of Palo Alto of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at david.ramberg@cityofpaloalto.org and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Palo Alto 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 e-mail to david.ramberg@cityofpaloalto.org and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Palo Alto To inform us that you no longer want to receive future notices and disclosures in electronic format you may: L decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii, send us an e-mail to david.ramberg@cityofpaloalto.org and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetSca e 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: -Allow per session cookies -Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will DocuSlgn Envelope ID: E131372128-7CM-41345-9 3422731ADB34 have the right to withdraw your consent. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • 1 can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify City of Palo Alto as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Palo Alto during the course of my relationship with you. Dot uc 4eaC;MitIta Certificate Of Completion Envelope Id: EBB721287C8D4B4599D53422731ADB34 Status: Completed Subject: Please DocuSign: SCC-PA-LAH Funding Agreement 9-6-16 Final.pdf Source Envelope: Document Pages: 10 Signatures: 1 Envelope Originator: Certificate Pages: 4 Initials: 0 Jeffery Heckathorn AutoNav: Enabled 250 Hamilton Ave Envelopeld Stamping: Enabled Palo Alto, CA 94301 Time Zone: (UTC -08;00) Pacific Time (US & Canada) Jeffery.Heckathorn@CltyofPaloAlto.org IP Address: 199.33.32.254 Record Tracking Status: Original Holder: Jeffery Heckathorn Location: DocuSign 9/28/2016 12:32:29 PM Jeffery.Heckathorn@CityofPaloAlto.org Timestamps Signer Events _ Signature Timestamp James Keene ooeae� nna by: B 1�lr Sent: 9/28/2016 12:35:59 PM James.Keene@CltyofPaloAlto.orgCcs.. U Viewed: 9/29/2016 9:32:18 AM Cit Manager Y 9er 30E7200FB200408... Signed: 9/29/2016 9:32:37 AM City of Palo Alto Using IP Address: 40.141.130.29 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 4/14/2015 5:40:07 PM ID:44fe333a-6a81-4cb7-b7d4-925473ac82e3 In Person Signer Invents 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 Janice Svendsen+/� �y Sent: 9/28/2016 12:36:00 PM Janice.Svendsen@CityofPaloAlto.org CO PI E V Janice Svendsen Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Notary Events Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/28/2016 12:36:00 PM Certified Delivered Security Checked 9/29/2016 9:32:18 AM Signing Complete Security Checked 9/29/2016 9:32:37 AM Completed Security Checked 9/29/2016 9:32:37 AM Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure cre on: 10/1/2013 8:33:53 AM Parties agreed to: James Keene CONSUMER DISCLOSURE From time to time, City of Palo Alto (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Palo Alto: 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: david.ramberg@cityofpaloalto.org To advise City of Palo Alto of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at david.ramberg@ cityofpaloalto.org and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Palo Alto 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 e-mail to david.ramberg@cityofpaloalto.org and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Palo Alto To inform us that you no longer want to receive future notices and disclosures in electronic format you may: L decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to david.ramberg@cityofpaloalto.org and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetSca e 7.2 (or above Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: -Allow per session cookies -Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that; I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify City of Palo Alto as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Palo Alto during the course of my relationship with you.