Loading...
HR Legal Services with Van Dermyden Maddux Law CorporationAGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF SAN RAFAEL AND VAN DERMYDEN MADDUX LAW CORPORATION This Agreement is made and entered into this ~ day of t-I\ ()... ~ , 2018, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and V AN DERMYDEN MADDUX LA W CORPORATION (hereinafter "CONTRACTOR"). AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY. The Human Resources Director shall be the representative of the CITY for all purposes under this Agreement. The City Attorney is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Nikki Hall is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall provide the CITY with consulting services, in particular investigation services into a complaint of alleged workplace misconduct. The CONTRACTOR'S services shall include, but not be limited to, those described in the "Engagement Letter for Investigative Services" dated April 27, 2018 and attached to this Agreement at Exhibit A. 3. DUTIES OF CITY. CITY shall cooperate with CONTRACTOR in its performance under this agreement and shall compensate CONTRACTOR as provided in Paragraph 4. 4. COMPENSATION. For the CONTRACTOR's full performance of the duties and services described herein, CITY shall pay CONTRACTOR for the hours of work, based on the rates outlined in Exhibit A at "Fees and Costs" in an amount not to exceed $20,000.00, including reimbursement of expenses. In the event that the compensation payable under this Agreement reaches a total of $20,000.00 including expenses, then thereafter CONTRACTOR shall be required to obtain an ORIGINAL amendment to the Agreement including advance written approval from the City Manager for additional compensation for services under this Agreement. Payment will be made upon receipt by PROJECT MANAGER of itemized InVOICeS submitted by CONTRACTOR. 5. TERM OF AGREEMENT. This Agreement shall be effective upon execution by all parties, and shall continue until terminated by mutual agreement or as provided in Section 6. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the 2 performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2 . An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence . 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of two million dollars ($2,000,000) per occurrence/four million dollars ($4,000 ,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations , and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR'S worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR m subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form C020 01 04 13. 3. Except for professional liability msurance, the msurance policies shall 3 include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the PROJECT MANAGER. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date ofthis Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance . Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY's City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 4 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of CITY. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this 5 Agreement. CONTRACTOR shall perfonn all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold hannless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the tenns and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or pennitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: TO CONTRACTOR: 16. INDEPENDENT CONTRACTOR. Robert F. Epstein, City Attorney City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Nikki Hall, Managing Partner Van Dennyden Maddux Law Corporation 899 Northgate Drive, Suite 210 San Rafael, California 94903 For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT --AMENDMENTS. A. The tenns and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, 6 regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W -9 (Request for Taxpayer Identification Number and Certification). 7 CITY OF SAN RAFAEL ~ager ATTEST: LINDSAY LARA, ~ City Clerk 8 VANDERMYDEN~DUXLAW CORPORATION By: \ A)dJdO Nikki Hill, ttanaging Partner VAN DERMYDEN MADDUX April 27, 2018 Via Electronic Mail Stacey Peterson Human Resources Director City of San Rafael 1400 Fifth Avenue, Room 210 San Rafael, CA 94915-1560 Investigations Law Firm Re: Engagement Letter for Investigative Services Dear Ms. Peterson: This letter will confirm your request to engage Van Dermyden Maddux Law Corporation (lithe Firm") to provide investigative services for the City of San Rafael ("Client"). This Agreement will govern all services to be performed for this engagement. Scope of Services. Client hires the Firm to perform legal services for Client in the form of an impartial investigation regarding alleged misconduct by a City firefighter. The Firm will perform these duties as an attorney at law for the purpose of facilitating the rendering of legal advice to Client by its counsel. The Firm's communications, work product, and the final report will be protected from disclosure pursuant to the attorney-client privilege, unless waived by the Client. Independence. As an independent contractor, the Firm has the right to determine the means, manner and findings related to the investigation. Client agrees to allow the Firm full discretion to undertake the investigation and otherwise make findings without influencing or interfering with the outcome. Client understands and acknowledges that the Firm will exercise its independent judgment to make whatever findings it deems are warranted based on the evidence developed in the investigation, and that this Agreement is not dependent on the Firm's making or failing to make any part icular credibility determination, finding of fact, or conclusion . Limited Scope Agreement. The scope of this attorney-client representation is limited. The Firm will perform an investigation as an attorney at law for the purpose of facilitating the rendering of legal advice to the client by its counsel. The Firm will not render a legal determination whether there were violations of any law or statute. The Firm will not act as an advocate or provide advice to Client with Van Dermyden Maddux Law Corporation 2520 Venture Oaks Way SU ite 140. Sacramento . CA 95833 ·4227 P: (916) 779 ·2402 I F: (916) 779 ·1451 www.vmlawcorp.com Exhibit A Ms. Stacey Peterson April 27, 2018 Page 2 respect to what employment actions, if any, should be taken as a result of the findings. The Firm will not represent Client in any legal action or proceeding. It is expressly agreed that Client will look to its regular legal counsel for such services, as well as for advice with respect to issues which may arise relating to the investigation. This includes, without limitation, the admonitions, if any, to be made to employees who are interviewed concerning confidentiality; the consequences of employee failure to cooperate in the investigation; the accessing of electronic and other data; document retention; litigation holds; appropriate interim employment measures pending investigation; compliance with the federal Fair Credit Reporting Act; and compliance with the California Investigative Consumer Reporting Agencies Act. Client also agrees it will look to its regular outside counsel for advice with respect to issues of attorney-client privilege, scope of privilege, waiver, and work product in connection with the Firm's services. Client agrees it will comply with employer-required notice and consent rules to the extent applicable, including those under Civil Code sections 1786 et seq. Cooperation. To perform our services effectively, the Firm requires the full cooperation and support of all representatives of the Client. You can assist us by keeping us fully informed as to facts and developments relevant to our investigative services. It is essential that each client (as well as any employees or representatives) provide us with accurate and complete information, including written materials when requested, and that you make personnel available to the extent required. Confidentiality Admonitions. Client acknowledges that it is the Firm's practice not to provide any confidentiality admonitions unless directed to do so, in writing, by Client. Client acknowledges the decisions by the National Labor Relations Board in Banner Health System, NLRB No. 93 (2012) and Banner Health System, Case 28-CA-023438 (2015) (as well as the Public Employment Relations Board's decision in Los Angeles Community College District (2014), for public employers), which require an employer to provide a legitimate business justification in order to ask witnesses to keep an investigation confidential. Client agrees it will provide a confidentiality admonition in writing to Investigator before witness interviews commence, if Client determines such an admonition is appropriate. Investigator agrees she/he will notify Client if any changed circumstances arise that relate to the confidentiality analysis. Fees and Costs. Client agrees to pay the Firm at the following rates : Staff Partner Senior Associate Associate Law Clerk Paralegal Van Dermyden Maddux Law Corporation 2520 Venture Oaks Way Suite 140, Sacramento, CA 95833-4227 Discounted Public Sector Hourly Rates $350 $290 $250 $175 $120 P: (916) 779-2402 I F: (916) 779-1451 www.vmlawcorp.com Ms. Stacey Peterson April 27, 2018 Page 3 Time charged will include, for example, time spent interviewing witnesses, reviewing and analyzing documents, writing the report of the findings, and performing any necessary research. The time charged will also include travel time and the time the Firm spends on telephone calls and emails relating to Client's matter, including calls and emails with the Client, witnesses, potential witnesses, or counsel representing any of the parties. Costs. The Firm may incur various costs and expenses in performing services under this Agreement. Client agrees to pay for all costs and expenses, in addition to the hourly fee. Specifically, Client agrees to pay a 2% administrative charge calculated on the service fees billed. This fee covers costs and expenses incurred in our handling of the matter, such as postage, photocopies, parking fees, bridge or other road tolls, fax charges, telephone charges and other similar charges . This administrative fee does not include other out-of-pocket charges incurred by the Firm, such as messenger and other special delivery fees, other travel costs such as mileage reimbursement at the federal standard mileage rate in effect for the year or a vehicle rental, meals, lodging, and similar charges. In the event of a vehicle rental, Client will be expensed for either the rental or calculated mileage at the federal standard mileage rate in effect for the year, whichever is less. Client will be responsible for reimbursing Firm for the out-of-pocket expenses as actually incurred by the Firm, and all costs and expenses will be charged at the Firm's cost . The Firm will not charge for word processing or overtime expenses associated with administrative personnel. Billing Statements. The Firm will send Client periodic statements for fees and costs incurred. Each statement will be payable within thirty (30) days of its mailing date. The statements shall include the amount, rate, basis of calculation or other method of determination of the fees and costs, which costs will be clearly identified by item and amount. Payment is due upon presentation of the invoice. Invoices that remain unpaid after sixty (60) days from the invoice date are immediately subject to a late payment charge of fifteen percent (15%) per year, accrued monthly. Because this matter is of a sensitive nature and subject to the attorney-client privilege, we recommend that you treat our invoices as confidential documents and safeguard them appropriately. Any estimate of fees given by the Firm shall not be a guarantee. Actual fees may vary from estimates given. Outside Experts. Should the matter require expertise from any outside consultants, you will have an opportunity in advance to: (a) approve the rationale for retention of same; (b) approve the selection of same; and (c) approve the rates and anticipated fees relating to such services . As of the time of this engagement letter, the Firm has not identified the need to hire an outside consultant to assist in this investigation, although there may be a need for transcription services relating to the tape recordings, if any, of the witness interviews. Compensation for Post-Investigative Work. This engagement shall be considered concluded after the Firm has provided a final investigation report in this matter, whether oral or written. After the conclusion of this engagement, should a need arise for the Firm to respond to any subpoena or discovery, to provide testimony at deposition, trial or arbitration, or to otherwise perform services with respect to any matter relating to or arising out of this engagement, Client shall compensate the Firm at Van Dermyden Maddux Law Corporati o n 2520 Venture Oaks Way Suite 140, Sacramento, CA 95833 -4227 P : (916) 779-2402 I F: (916) 779-1451 www.vmlawcorp.com Ms. Stacey Peterson April 27, 2018 Page 4 its then applicable rates for time expended, including all required preparation time. Client agrees to reimburse the Firm for all reasonable fees and costs incurred in obtaining necessary representation for such proceedings, including legal fees and costs that the Firm incurs in preparing for such proceedings. Client shall also compensate the Firm at its then applicable rates for time expended in defending against any actual or threatened claim with respect to which the Firm is entitled to indemnification pursuant to this Agreement, below. If costs and/or expenses, including the costs of legal representation should reasonably be expected to exceed $5,000, Client shall advance the funds to the Firm or the Firm's designee. Indemnification. Client agrees to defend, indemnify and hold the Firm harmless for and against all actions, claims, and complaints, whether formal or informal, actual or threatened, arising from or related to the investigation brought or asserted against the Firm by any investigation interviewee, Client employee or official, or anyone claiming through them. This right of indemnification shall not extend to any loss, liability, damage, or expense resulting from the Firm's actual negligence or other actual misconduct. Any right of defense or indemnification shall be undertaken by Client at its sole expense and under its control. In accordance with California Rule of Professional Conduct 3-400, this provision is not intended to apply to any potential professional malpractice action brought by Client against the Firm. The Firm agrees to defend, indemnify and hold the Client harmless for and against all other actions, claims, and complaints, whether formal or informal, actual or threatened, arising from or related to the investigation brought or asserted against the Client, other than those claims for which the Client is defending and indemnifying the Firm, as set forth above. Discharge and Withdrawal. Clients may terminate the Firm's investigative services at any time effective upon delivery of written notice to the Firm. In this event, all unpaid charges will immediately become due and payable. Unless we specifically agree to do so, we will provide no further services and advance no further costs on the matter after we receive notice of termination. Our right to terminate services to a client is subject to certain Rules of Professional Conduct that: (a) require us to take reasonable steps to avoid foreseeable prejudice to the client from our withdrawal; and (b) establish standards for mandatory and permissive withdrawal under certain circumstances. Failure by a client to pay our bills in full, and on a timely basis, can constitute adequate grounds for us to withdraw. No Warranty of Result. Although we believe that we can assist Client in reaching its goals, we cannot predict or represent that a particular result can be obtained. We can make no promises or guarantees regarding the outcome of the matter or matters that are the subject of our services. Entire Agreement. This letter represents our entire agreement, which will be effective on the date of your signature. It supersedes all prior agreements, statements, or promises made before this time. Severability. Should any provisions of this contract be declared to be invalid or unenforceable, the remainder of this contract shall remain in full force and effect. Applicable Law. This Agreement shall be governed by the laws of the State of California . To signify Client's agreement with the terms of this letter, please sign the original and reta in it for your files. You should sign the enclosed copy and return it to us for our files. An individual authorized to Van Dermyden Maddux Law Corporation 2520 Venture Oaks Way Sui te 140. Sa cramento. CA 95833-4227 P: (916) 779-2402 I F: (9 16 ) 779 1451 www.vmlawcorp.com Ms. Stacey Peterson April 27, 2018 Page 5 execute this Agreement on behalf of Client, should sign, date and return a copy of this letter to the Firm, signifying agreement to these terms. Thank you for this opportunity to provide investigative services. Very truly yours, Nikki Hall I am authorized to sign this Agreement. I have read and understand the terms of this Agreement. I hereby confirm the engagement of Van Dermyden Maddux Law Corporation to provide investigative services in accordance with its terms. City of San Rafael Printed Name Signature Date: _______ -', 2018 Van Dermyden Maddux Law Corporation 2520 Venture Oaks Way SUite 14 0. Sacramento. CA 95833-4227 Title P: (916) 779-2402 I F: (916) 779 -1451 www.vmlawcorp.com CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Human Resources Project Manager: Stacey Peterson Extension: 3069 Contractor Name: Van Dermyden Maddux Contractor's Contact: Nikki Hall Contact's Email: nhall@vmlawcorp.com o FPPC: Check if Contractor/Consultant must file Form 700 Step 1 RESPONSIBLE DEPARTMENT Project Manager DESCRIPTION a. Email PINS Introductory Notice to Contractor b . Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org COMPLETED DATE C lIck here to enter a date 4/27/2018 2 City Attorney a. Review, revise, and comment on draft agreement 4/27/2018 3 Project Manager 4 Project Manager PRINT 5 Project Manager 6 City Attorney 7 City Attorney 8 City Manager / Mayor 9 City Clerk and return to Project Manager ClIck here to b. Confirm insurance requirements, create Job on enter a clatL . PINS, send PINS insurance notice to contractor Forward three (3) originals of final agreement to 4/27/2018 contractor for their signature When necessary, * contractor-signed agreement agendized for Council approval *PSA > $20,000 ; or Purchase> $35,000 ; or Publ ic Works Contract> $125 ,000 Date of Council approval CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreements to City Attorney with printed copy of this routing form Review and approve hard copy of signed agreement Review and approve insurance in PINS, and bonds (for Public Works Contracts) Agreement executed by Council authorized official Attest signatures, retains original agreement and forwards copies to Project Manager ~ N/A Or CI ck here to enter a date REVIEWER Check/Initial