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LIB Library Copier-Printer Lease9ke Ray Morgan Company State & Local GovernmentAPPLICATION NO, AGREEMENT NO. Value Rental Lease Agreement 3131 Esplanade - Chico. CA 95973 -Phone: 530 .343.6065 530 .343.9470 The words User, Lasses, you and your refer to Customer. The words Owner, Lessor, we, us and our refer to Ray A Morgan Company. CUSTOMER/ - FULL LEGAL NAME STREET ADDRESS City of San Rafael 1100 E Street CITY STATE ZIP PHONE FAX San Rafael CA 94901 (415) 485-3323 (- BILLING NAME (IF DIFFERENT FROM ABOVE) BILLING STREET ADDRESS San Rafael Public Library CITY STATE ZIP EMAIL EQUIPMENT LOCATION (IF DIFFERENT FROM ABOVE) '-'LEQUIPMENT DESCRIPTION MAKENAODEUACCESSORIES SERIAL NO. STARTING METER See Schedule A U See the attached Schedule A ❑ See the attached Billing Sehedulo 60 Payments' of $ $1,003.49 Tho rent canhed payment ('Peymonl') period Is monthly unless ouharwtm Inaeated. 'plus appGtaws taxes Payment Includes Schedule A B&W Imegea per month Overages billed at $ Schedule A per B&W Image - Payment Includes Schedule A General Calor Images per month Overages billed at $ Schedule A per General Color Image' Payment Includes SChedUl. A Pro. Color Images per month Overages billed at $ Schedule A per Pro. Color Imago' Please check one: Mellor Readings verified: ❑ Monthly ❑ Quarterly O Other. __ (If nothing Is selected, then Quarterly will be your Mater Reading option.) Ray A. Morgan Company I V OWNERsnr. ... _.�_ .w orrery cmc ah Ire Cgalmmnh ueraa daexa nes been herrhiarhed, that delivery and khatMatlOrl has been fury carhplolnd andh satlsfacory. Upon you signing bal0w, your promises teretn Ma be Irrevocable and unconditional In all respects You understand Ihat we have purchased the Equipment hem Ne supplier, and you may contact Ne supplier for a full dosalplon of any womanly rights under the supply concoct which we hereby assign to you for the term of dila Agreement (or until you delaotQ San Rafael Public Library X CUSTOMER (as referenced above) SIGNATURE TITLE DATE OF DELIVERY 1. AOREEMENT: You agree to rent ban us for asaahtal gMm nanm twrpasas only. la Panoral poperty rdescribed under EQUIPMENT DESCRIPTION' on the attached Sdwsdula and as modified by supplements an 06 Agreement from Ems b Eme signed by you and us (such property and any upgrades. replacements, pats, aaessbrn, repYn and additions at cloned hams as'Equymann stWw to Mane cortalnhensod sothnre and a&*" j'Fbanced nems', wAldh am ndudod In tho woro'Egalpaemr unless wpwubfy states]. Yau agree b atl of the tanto and cadgau contalead xI tlhh Agmerrmnt and any supplemerhL which (vNri Ma auxaptanco ostlswtarh) bgothorrepmsenl dm anMre agmemeM 11901*9 ter Equlpmmt ('All -rte nn and which supersedes any purchase aider. Ghvdbo, mquasl for proposal. msparna propwal of e0her document You cutmrlta us b coned a Inxd rtdafng Epucpmahl idenhtiffce len InfonnaMon and b make anaetans low properlegal nano and address. as h maybe reeds& This Agreement becomes vasal upon execution by us and begin on int d4yery, dab and acceptance N 1 e Equipment h ardor b pnodde far an ardaty b ruisaw and a uniform bd4g cycle. end uniess Otherwise spediod, the Effacha Date' of this Agmomsd will be Ie 20Mh day of the month fagoaig go fnsklagon (ter aumpb, If the Egldprnent is installed an ham SN the Effa&a Date will be Arne 201h), You slime to pay a prorabd rental amount for the period between Mm Installation and the Effective Dab (Trami:on "I based en the niNmum usage payment Ixamted on a (00) intnry daycafardar mash which wd be added byourlwtmonthhnc!cs In ad&Son. should thsAgreamentmphcealxodousRay A.RbWCompanygeneraaedequ'pmeNlease, aCLOSING BILL anUagreement being replaced, uptolMlnstaldondata ofthenw u whit be seat apamhknataly (10) days atter dotvary of the now equorni aL You agree b pay ids CLOSING BILL chargos as Na they represent valid Berges forproduct and services puvided under em prior Agreement up b the Instablion dab rd the new aquipment. Unless olhonrlso stated In an addordwh herb, this Agreement will renew lar, mondh-0"nord h bash unless you send us ver'pan rake it lout 30 days bolero Me end of t e 1dhoNded hem Mat you want to slum the EgdPlnord Many provision dills Agreermnt Is declared umftbrceabb. rho other provisions harm shall mrnahh in led foss and allied In Me UW adont permitted by lew 2. REPRESENTATIONS AND WARRANTIES: CUSTOMER: YouhaabyMPGNMWAwwwltab(a)youhavebowdutyauNwimdunderdoConshk&nandlawsWteappgmblehabdlaknAndbyaresolu0anofyourgo"migbody b exeode and dealer MdsAgmemenl and b csny out yaw obfgatons hereunder, (b) all lgai mquhments haw been met, ant procedures have been fokintd, badudsg pubic bidding, In Order b ansum the anhreeabliyof Nin Agnsmaht (c) Nh Agreement h h oomp0anco with on Im spPkonle to you. Including cry debt Mslstfans or limitations an We -W rotas Or Mance thaw; per on the Equipment sal lel used any to yha d for ft go Equipment Is etexpecohry qundcm anehbntvdri tat smpa Of Your au9haty, suit not be used H a bode a buskwu of any parlay a subtly, by ria lederd gowmment a to cry personal, ts^cy or househdd use. and you need to int Equiprnerht ts not mgmded to dilmtstsh during the lens of this Agreement; (e) you lame fads available to pry Payments until the end of yaw current sppropdaton period. and you inland an nrquest bads to malts Payments IN each appmpdabn period horn now whin the ON of the Win of this Agreement and (0 yaw *rad legal nmme Is as sat fa(tl on page one of WsAgreement. J RENT. TAXES AND FEES: Sueject b paragraph C. yyoouu VA pay the monthly Payment (es adpsted) when dun, plus any appiablo Was, use and popsy tarns. Tho baso Payment will bo alyusbd pmpacenabyupward ordownward: Ill) by up b 10% b oomnuadaladenges In Me equal EAWpamntant (Z) It tha>hppag deryes a lases Qf!er ban rho astktele g{ren b yeK and (J) b amply wlh me Lulaws of Ne state In vdh du ter Equlpmenl hkxand. If wa pay any taxes, Inoaonoe or otlwr aapanses get you owe hereunder. you agree b mlmbaM us when we request and In PaY us a processhhg he for each awso or Marga we ply an your b"t. We moydhargs you For any grog has mquied by M a llnlfam Commadd Code (UCC) otodw laws, whkh toes wry dato-lo•sbb Strain data the IM Paynord h due, you agree to pay us an agyaaw leo. u shown on sur hvolce a addauhdum, h awr a for all Wsing ants. Wa wO have 0e right to appy al nuns. mahved from ym. to any amounts due and owed to us order to kris of tis Agnssh . If Its any mason your sack Is returned for nonpayment, you will pay us a bad died change of f20 or, Hkss, 0m maximum change clawed by few, We may make a pro% on any teas, es"Ild tax payments and olio Chagos paid herder this Agreement (Conlvxxdm Page 21 30361 (SLG) Page 1 d2 Rev 05/09120'7 4. NWAPPROPRUATION OR RENEWAL, If either suftent funds are not appropriated to make Payments or any other amounts due under This Agreement or (to the extent required by applicable low) this Agreement is not renewed, this Agreement shall terminate and you shag notbe obltyated b make Payments under this Agreement beyond the then-cummt fiscal year kirwhich funds have been appropidaled. Upon such an event you", no later than the end of the fiscal year far which Payments have been appropriated, deliver possession of the Equtpmenito us. Ifyou fall to deliver possession of the Equipment to us, the torminalbn shag nevertheless be effective but you shall be responsible, to The extent permited by law and legally available fonds, for the payment of damages In an amend equal to the portion of Payments Thereafter coming due That Is addluslable to The number of days eller the termination during which you fag to deliver possession and for any other loss sugared by us as a result otyour failure to deliver possession as required. You shelf notify us in wrfimg within seven days after your failure to appropriate funds sufficient for do payment of the Payments or (bo the extent required by applicable law) This Agreement Is not renewed, but failure to provide such notice shag not operate to extend The Agreement farm or resullin any liabBty to you. 5. MAINTENANCE AND LOCATION OF EQUIPMENT; SECURITY INTEREST: At yourexpense, you agree b keep the Equipment In good repair. condition and working ordim In compliance with applicable manufacturers' and regulatory standards; he and dear of all gens and claInrs; and only at your address shown on page 1. and you agree not to move It unless we agree. As Wing as you have given us the written notice as required In paragraph 1 prior to the expiration or Termination of this Agreenerd's term, you will return all but not less than all of The Equipment and all related manuals and use and maintenance records to a leaden we specify, at your expense. in retell ro-satiable condition. full working order and canpbterepair. You areaoblyrespons'hlefor removbgany data That mayresideInthe Equipmentyourehen(and all expenses associated with its removal) Including bid not gmitedtohard drives, disk drives or any other form ofinemory. We own tie Equtpeent eatudog any Financed Ibms. We do not own The FInanced Items and nmol transfer any Inbarest In it b you. TIM Agreement is deemed to be a secured trmsacBco, to The extent pemdtled by lm you grant us a seadty Interest in the Equipment to setae all amounts you anus under any agmementwit h us, and you sutho¢e us to file a UCC financing statement. 6. COLLATERAL PROTECTION: INSURANCE; INDEMNffY; LOSS OR DAMAGE You agree (a) to keep the Equipment fully Insured tluough a carder acceptable to us against loss In an amount not less titan the odgInel cost ofthe Equipment with us named as tenders loss payee: (b) to maintain comprehensive public 6ablfrly insurance acceptable to us and to include us as addNonal insured on the pelicY: (c) to provide proof d Insurance satisfactory to us no later dharn Thirty (30) days following This start of This Agreement and Thereallair upon our written request and to provide us with 10 days advance written notice or any modfication or ancegatim of your insurance paticy(s): (d) If you fell to obtain and maintain properly kiss insurance satisfactory b as and/or you lag to provide proof of such Insurer to us within Odrly (30) days of the siert of this Agreement we have the option, but not Ito obligation, to do as provided In either (A) «(B) as follows, of the following paragraphs as determined in our discretion: (A) We may secure properly loss insurance on the Equipment from a anter of our loosing in such forms and amounts as we deem reasonable to pmted our Interests. 0 we place insurance on the Equipment we will not time you as an insured and your Interests may not be fully protected. It we secure Insurance on the Equipment you will pay us an amount for to premium which may be higher to be premium that you would pay If you placed The insurance Independently and an Insurance be whidn may, result In a profit to us Though an investment In reinsurance: or (B) We may charge you a monthly properly damage surcharge of up b .0035 of the Equipment codas a result of eurcredit risk and administrative and chu rcoss, as would be furtherdescrbed on a lefterfrom us b you. We may make a profit on this program. NOTHING IN THIS PARAGRAPH WILL RELIEVE YOU OF RESPONSIBILITY FOR LIABILITY INSURANCE ON THE EQUIPMENT. We are not responsible for, and you agree to hold us harmless and reimburse us for and to defend on our behalf against any claim for any loss, expense, rabifily or Injury caused by or in any way related To dollaq, installation, possession, ownership use, condition, inspection, removal, return or storage of The Equipment You are responsible for The risk of loss or for any desbucion of ordamage o the Equipment You agree to promptly notify us M writing of anykiss or damage. Uthe Equipment is destroyed and we have not otherwise agreed In wrfting, you will pay bus the unpaid balance of Ihb Agreement Including any future rent to the end of the term plus the anticipated residual value olthe Equipment (both dismoded at 2%). Any proceeds of Insurance w81 be paid to us and kited, at our option, agaket any loss «damage. You aut hotxe us b sign on your behalf and appoint us as your attorney#fad to endorse In your name any insurance draft or checks Issued due to bes ordemage to the Equipment 7. ASSIGNMENT: YOU HAVE NO RIGHT TO SELL, TRANSFER, ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT, without our prior written consent. Without our prior written conseK you shaft not morgani:e or merge with any other entity or transfer all or a substantial part of your ownership interests at assets. We may seg, assign, or bansferM Agmementwdtoul notice to or consent from you, and you waive any right you may have to such notice arconsent. You agree Thal Owe seg. assignor trundarthils Agreement, out assignee will he" the so= rights and bonefili; That we have now and will not have to perfirim anyofourobligations. You agreethattenewownerwillnotbesubject to any claims. defenses. or offsets that you may have against us. You shag moperale with us In executing arrydaamemhtloh mosimably required by us or ourassignea To efectuatssuch InureThe benefit of the parties herein and Their respective suoassom and assigns. roll assignment. This Agreement shag be binding a and o S. DEFAULT AND REMEDIES: You will be In doted If. (a) you do not pay any Payment«other sum due to us or arryotherpemm when due or if you fall To perform In accordance with Te coveuards, terms and conditions of this Agreement (b) you make or have made any false statementor misrepresentation to us, (c) you Ile bankruptcy, or (it) there has been a material adverse change In your finandal, business or operating care iron. Uany part of a Payment Is mora Than 5 days tale, you agree b pay a Iota charge of 10% d tie Payment which Is late, or gloss. The maximum charge allowed bylaw. If you are ever In derauN, at our option, we an terminate This Agreement and require that balance of t his Agreement Including any future Payments b The end of the term plus the anticipated residual vara of the Equipment (both discounted at 2% . We you Pay rite ryunpaidr. quip (bo ) maynernwardafaultinterestonanryunpaklamhauMattlareteofl2%peryear. Concurrently and cumulatively, we may also use any or all of Ile remedies available to us trader Articles 2A and 9 of the UCC and arty other taw. Including requiting That you: (1) realm the Equipment to us to a location we spedy; and (2) Inmediatey stop using any Financed Items. In addXtion, we Will have the tight Immediately and willoulrotia or other action, to sel-0ff against anyof your labgh3es bus any money, khduding deposibryaecount balances, owed by us to you, whether or notilue. in the event olanyonfitmementollour rights under this Agmementorany tutorial agreement, you agree to pay ourreasonable attorneys fees (including any Inamed before orattriatanappeal or In any P other in duatcourlmsband arryodwcollection costs. Including any cagedtonagency fee. Kwehave totake 9 a possession dire Equipment you agree ki pay Throe costa of repossession. rowing, storage. repakand sale. The rel proceeds dire sale ofanyEquipmenlwdAbecreditedagaInelwhetyouoweusunderOdsAgreement. YOUAGREE THAT WE WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACTOR OMISSION BY ANYONE. Any delay or faluns to enforce our dghls under this Agreementwill not prevent us Timm enfiarchilli any rights at a later Unto. You agree that OdsAgreement Isa'Finance Lease asdefined byArticle 2Aafte UCC and yourdghts and remedies are governed exclusively by OdsAgreemenL You waive all rights and«sections 2A-M through 522 of the UCC. If interest Is Barged or collected In excess o►Oe maxbnum lawful rate, we will not be subjad ki arty penalties. In to event Thal legal promodinp relating to This Agreement (other Dan our enforcement of this Agreement after a default by you) are commenced In any curt or before any other Tribunal of competentludsdicti im Te Legal fees and other reasonable costs and expenses of tie prevailing party shag be paid by The no VevaNN party on demand of the ping Pady. 9. INSPECTIONS AND REPORTS: We will have the right at any reasonable Throe, to Impact the Equipment and any documents retailing to its use, maintenance and repair. You agree to provide updated annual andfar qua" statements to us upon request - 10. FAXED 09 SCANNED DOCUMENTS, ill= You agree to submit the original duly,41gned documents to us via overnight courier The same day of t e farslmTe or scanned Immunlsda of The documents. The original of this Agreement shall be t elcopywhich bearsyourfaNmio «otkgival di nahre. and which beam o«odgi al signature. You waive the right b challenge In court the aut hentldly«binds g effect ofany faced or scanned copy«sgnaore it==. You agme to ezaab any further documents tlatwo may request to carry out the Wants and purposes ordds Agreement. All rodoes shall be mailed «deivered by laainge trommissbn «overngM counter o The respective coa ftAgrsernt«sucholl1w"ressasapartymeypffAdeinwbgfromEmsotime. P shown at addressee 11. WARRANTY DISCLAIMERS: YOU AGREE THAT YOU HAVE SELECTED THE SUPPLIER AND EACH REM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT AND YOU DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY US. WE DO NOT TAKE RESPONSIBILITY FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. THE SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF THE SUPPLIEA AND NOTHING THE SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATION UNDER THIS AGREEMENT. YOU WILL CONTINUE TO MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER 70 PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDERTHIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY ND RESPONSIBILITYFOR, MERCHANTABILITY, FITNESS FORANY PARTICULAR PURPOSE, CONDITION, QUALITY; ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. 12. LAW,JURYWAIVER: A«emends.momlsesardcommMnenbrndebyuseakemkobaroudcOwcnditextemlonsatudbeInwdtbaamanconsid«a0ahandbesknedbvrnobeenfawbk This Agreement nay be modified only by written agreertentand not by course of performance. This Agreement wig be governed by and construed In accordance wt h the law of tie state In which you are located. You consent to jurisdiction and venue of any state or federal court in such state. For arrynction arising out of «relating to This Agreementorthe Equipment YOU AND WE WAIVE ALL RIGHTS TO A TRIAL BY JURY. 13. MAINTENANCE AND SUPPLIES: The charges established by this Agreement Include payment for the use of the designated Equipment accessories, nainWance by supplier during nmol business lours, Inspection, adjustment parts repseemenL drums and cleaning material required for the proper operation. as wall as black toner. color toner and developer as defined by the Manufacturers Published! Yield per Container. Additional toner wig be billed separately. Paper, media, staplesanddeartaner.IanybreWaedbyyourpanUalarequipentmodel. must beseparately purchased bylie customer. IT necessary, The service and supply portion ofthlsement be Afire may assigned by us Wenaydharpyou asupply freight fee bmveraurcostso►sldppm9suppliesoyou. CustorerhasbeenlydormedThatasurgeprotedarIsrecommendedtoprotedOheirdedranichrvashnentframhamfulhighvoltagePontdisturbances. Said surge protectors should have network protection when connected in a network environment Units that provide network proladan are available bough Ray A. Morgan Company. Customer responsible for providing manufacturer recommended adequate powersupply. Check one of the following: ❑ purchesed ❑ Has edging O Declined and will be responsible for damage caused by not having a surge protector. 14. OVERAGES AND COST ADJUSTMENTS: You ngma b amply wkh aurbi fng procedures Including but not MhTed b, providing us with periodic meter rea6ngs on the Equipment Attie end of dm Brat 12 mon6s abreommancem ret of This; Agreement and aha each sucoessiva 12-morhlh period t emafter, we may b oresss do maintenance and supplies paNah of Te Payment and the per Image doge overOo base minimum by a minimum of 5% over The charges of The previous year. In addition, we may assess an additional fuel andfor freight surcharge to onset higher than nmol service cods as a result of adverse economic conditions. If The supplier Is pmvkft maintenance and supplies to you for equipment that Is not based from us, but the dhekges for such mainonance and supplies are included in this Agreemed, you agree That K you retire. roplace andfor add now non-leased equipment to the Agreement you giant us the ali ft b reflect These additions «deutons of said non-lased equipment to the Agreement and your payments under ft Agreement my be erlJ fisted accordingly. 15. UPGRADE AND DOWNGRADE PROVISION: AFTER COMMENCEMENT OF THE AGREEMENT AND UPON YOUR WRITTEN REOUPT, AT OUR SOLE DISCRETION, WE MAY REVIEW YOUR IMAGEASCAIN VOLUME AND PROPOSE OPTIONS FOR UPGRADING OR DOWNGRADING THE EQUIPMENT TOACCOMMODATE YOUR BUSINESS NEEDS. 16. TRANSITION BILLING: In order to fadrtao an orderly transition. Including Installation and Training, and to provide a uniform billing cycle, the start date of this Agreement (the'Elective Dail will be a dao alter the certification of acceptancedTho Equipment as shown on the fest kwolce. The payment for Ods-Mutt period will be based an to base minimum usage payment prorated a a 30-day calendar month, and wig be added to your fast monft Payment 17. CALIFORNIA JUDICIAL REFERENCE AGREEMENT: The panties agree that any and all disputes, claims and controversies arising out of oIs Agmement (Inducting, but not limited to, actions arising In contract or but and any calms by o�eagabdue jury bielatedlnanyw eiwiseprovWadV)Odv in this . LV4utel twetuorghtbebmaonmowWchpmdbpubwaKvmofthenightobWbyjwyareknUunderap*weswdwbesubjedoThetemaofthioSedan Any and all Disputes shag be board bya volume and resolved blijudiciall reflanimce pursuant b California Code of Chili Procedure Sedans 638 otseq. The relemeshell beareTradCalifornia state couidJudge«anattorney licensed opractice law In the Slab of Catifomda with at least tan (10) yeare'axperience practicing commercial law. The parties shag riot seek to appoint referee That may bedisqualMed pursuant to Catifomia Code of CW Procedure Section 641 or6412 without the pd«wribnansentolaOToadies, Itloparties are unable oagree upon areforms withinon(10)calendardaysafteronepartyservesawritennoticeefinbnlkirludkialrefareneeupondooterporyorpaNa,it=Therabroewillbe selected by the court In aaxordancewith California Code dGv1 Procedure Section 640(b). The rebrm shall rendera wrilloh sotement of decslon and Ad condudthe procsedmgs in accordance with The CaOlxnia Code of Cho Procedure, The Rules of Court and California Evidence Code, except as otherwise specifically agreed by The parties and approved by the referee. The robree's statement of kledson shall set" findings of led and conclusions of law. Tha derision of the referee stag be entered as a judgmentIn th court In accordance with the pmvislmeof Callarnda Code of CiwT Procedure Sedans 644 and 645. The decision tithe referee shall be eppeabbb to The same extent and In the sane rnwxhar that such decision would be appalable I rendered bya judge of The superior coat Notldng In this Section shag be deemed to appy to or Omit our rights (a) to exercise sell help remedies such as (but not Omibd o) seol. (b) to foreclose judicially or no*dk** against any real or personal properly collabrat or to exencse �iddjalo« p pursue rights against ae�hhttsBc)toobslnfromacourtprovisionalorancillaryremedies(including, but not limited to. injunctive re0atawill afpossession, Prejudgment attachment, aprooctivaonfer«gmeappolnbantafakeaNer). alar the pendency cur ayjudidal reference proceeding. Nelt her ofn any action �sell help remedht against us ies Institution or mainteccluding actions In bankruptcynance of a aadom lett foreclos or. We may exercise The *b t vis i l o bngcry choses (a) The op osit Includes, toanbeim during er all remedies shall consiibdo a waiver d the Mor PST or ancillary o romadkis or The iso such re a any such provisicnIn this Agreement regardag submission o rl9 �' �• but not runibd b, the raiment c any wait be n, b regains submission si judicial In O Agree The mets of the Drench oeasi ispu resat b sudn remedies. No provision In Jurisdkiiorh andlarvame In any court b intended or shall be cansbuad b De In deropatlon of the provisions In Tris Agreement kit judicial reference darty Dispute. I a Dispute Includes multiple calms, some of which are bud not subjad he Oft Section, the parties shall stay Bre proceedings of The Disputes or part or parts thereof not subject to tlds Section unto all after Disputes or parts thenad are resolved in accordance with Ods Secdon. ff Tem are Disputes by or against multiple parties, sone dwhich aro not subject to this Section, the pedis shag saverTe Disputes subject to this Sedan and resole tem In accordance with the Section. During the pendencyof any Db"whkh Is submdbdtojudidal reference In aaardan ewith ft Section, each dthe parties to such Dispute dW barequad sheresof the leesc arged and costs Inroad by Te retiree in perfuming The services described in this section, The compensation of the neforea shell not a:n eed the prevelibg rate for Tike seivices. The prevailing parly, dW be entitled to reasonable coat costs and failed fes, Including c alarm aftneys' foes. exped witness fees, perakgal bus. The fees of the rubra and other reasonable ass and dsbumemar s cargad b the Parly by Its coursed, In such amend as Is determined by time retiree. In the eved of any c albnge to The Iegely or enoraabihy ofthis Sedan, the prewaft party, shell be entitled b recover do costs and am= nom tie ronlrevaT'mg parry, ihdudug memonabb allomays' foes, Incurred by it In connection Therewith. THIS SECTION CONSTITUTES A 'REFERENCE AGREEMENT' BETWEEN OR AMONG THE PARTIES WITHIN THE MEANING OF AND FOR PURPOSES OF CALIFORNIA CODE OF CML PROCEDURE SECTION 638. 30361 (SLG) Page 2 d2 Rev, 0510912017 ,Cl> tIItN■dAlll : . yiO �,. �]Dy�E�■Id1III 94. _NN���Rnl�l �9��� IIpIIpIII�II �� �9A ��IIIIII �� I�III�III ,Cl> RAFq�! 1 % 2 F �o ,ry WITH I'!1`h 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: Library Project Manager: Ander Banwait Extension: 3319 Contractor Name: Ray Morgan Company Contractor's Contact: Kerri Schultze Contact's Email: kschultze@raymorgan.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor n/a ❑ 8/5/2019 b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org ❑ 2 City Attorney a. Review, revise, and comment on draft agreement Click h...., .. and return to Project Manager enter a elate. ❑ b. Confirm insurance requirements, create Job on Click here to PINS, send PINS insurance notice to contractor niter a elate ❑ 3 Project Manager Forward three (3) originals of final agreement to Clicic here ❑ contractor for their signature anter a date. 4 Project Manager When necessary, * contractor -signed agreement N/A agendized for Council approval *PSA> $75,000; or Purchase > $75,000; or Or ❑ Public Works Contract > $175,000 Clicic here to Date of Council approval -anter a elate. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed Veh W agreement 7 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) /� / 1 L01P7 8 City Manager/ Mayor Agreement executed by Council authorized official q I 9 City Clerk Attest signatures, retains original agreement and �( forwards copies to Project Manager I Z )