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LRC Copier Rental Lease AgreementRay Morgan Company State & Local Government APPLICATION NO AGREEMENT NO. Value Rental Lease Agreement The words User, Lessee, you and your refer to Customer. The words Owner, Lessor, we, us and our refer to Ray A. Morgan Company CUSTOMER•- • FULL LEGAL NAME STREETADDRESS City of San Rafael Library and Recreation Department 618 B St CITY STATE ZIP PHONE FAX San Rafael CA 94901 (415) 485-3333 (415)- BILLING 415)- BILLING NAME (IF DIFFERENT FROM ABOVE) CITY STATE ZIP EQUIPMENT LOCATION (IF DIFFERENT FROM ABOVE) BILLING STREET ADDRESS E-MAIL EQUIPMENTDESCRIPTION MAKEIMODELIACCESSORIES SERIAL NO STARTING METER See Schedule A Promo: 30,000 BW Free Clicks ® See the attached Schedule A ❑ See the attached Boling Schedule 60 Payments' of $ $1,120.00 The rent contract payment ( Payment) period hs monthly unless otherwise indicated •plus appicabk fax Payment incudes Schedule A B&W/Accent CLR Images per month Overages billed at $ Schedule A per B&W/Accent CLR image' Payment includes Schedule A Once Color Images per month Overages billed at $ Schedule A per Office Color image Payment includes Pro Color Images per month Overages billed at $ per Pro Color image' Please check one: Meter Readings verified: ❑ MDntNy ❑ Quortety ❑ Other. ___ (If nothing is selected, then Ouartedy will be your Meter Reading option ) OWNER Ray A. Morgan Company ✓Y V'" 1 % —�/- a/ OWNER SIGNATURE TITLE DATED By signing below, you certify that you have roviewed and do agree to all tenor arA cwxqGbrm of this Agmllivent6n VM page_illpaili page 2 attacrxd hereto City of San Rafael Library and Recreation v _ r�, ! Cr Department X I CUSTOMER (as referenced above) SIGNATUR TITLE DATED U 94-6000424_ Sch tz rjtv�__Manag-er FEDERAL TAX I D q - PRINT NAME You certify that all the Egwpmem listed above has been furnished, that delivery and installation has bean fully Co.. oled and ,s snssfadory Upon you sigmng melow your praases tman w a be drevarable and unconditional in all respects You understand that we have purchased the Equipment from the supplier, and you may contact the supplier for a full description of any warranty, supply under the pply which we hereby ass ign to you for the term of tus Agreement (or until you oaf 11) City of San Rafael Library and Recreation {�Ssi Ll�prQ►'y Department + �G( e�✓`fi Q�v 1221-WZZ CUSTOMER (as referenced above) SIGNATURE TITLE DATE OF DELIVERY 1 AGREEMENT: You agree to rent from us for essential governmental purposes only, the personal property described wider TOUIPMENT DESCRIPTIOM an the attached Schedule and as madded by supple errs to this Agreement lam time to time signed by you and us (such property and any upgrades, repsicar enls, parts, accessions, repairs and additions all r armill herein as'Equipmenr) andfar to finance certain 8censhd sollware ad service rFihaasd loW. which are included in the wod'Equipmenr unless separately stated) You agree to all of the terns and conditions contained in Ibis Agreement and any supplement, which (with the acceptance codification) together r o, 'Use entire agrheea>e I regarding the Equipment (Agmemenr) and which supersedes any purchase order, imaice, request for pmposal, response, Proposal or other document You augmrce us fit correct orinsist missing Equipmmlideditation ittm , 6, and to make corrections to your proper legal name and address, ask maybe needed This Agreement becomes valid upon execution by us and begins on the delivery dale and a¢eplahce of the Equipment In order to provide 6r an elderly transaction and a uniktnn billing cycle, and unless otherwise specified, the'Elfective Dale' of this Agreement will be the 20th day of the month (cawing the installation (for example, if the Equipment is an June S:b the Effacbms Dale will be June 20th) You agree to pay a prorated rental amount for the period between the installation and the Effective Dale (-Tralsdion Biling7 based on the minimum usage payment prorated on a(30) gey day calx daabntth which will be added to your first month Invoice In addition, should Ibis Agreement replace aprevious Ray A Morgan Company generated equipmentlease, a CLOSING BILL an the agreement being replacid, up to the installation dalooffhe nessequipasmil. will be sent approximately (10) days after delvery of the new equipment You agree to pay this CLOSING BILL charges as they reptese ivafd changes for product and services provided under the prmrapear i d up to the installation date of the new equipment Unless otherwise stated In an addendum hereto, this Agreement will renew for month -N -month bask Imless you send us wdtkn notice at leas( 3D days before the end of the scheduW form that you wad m netan the Equipment If arty provision of gds Agreement is declared unenforceable, the other provisions herein shall remain in full force and effect to the fullest extent permitted by law 2 REPRESENTATIONS AND WARRANTIES: CUSTOMER: You hereby represent and warrant that (a) you have been duty authorized under Me Constitution and laws oltheapplicable jurisdiction and byadyourgmemegbody to execute and deliver this Agreement and to carry oul your obligations hereunder; (b) an legal requirements have been met, and procedures have been followed, including pubic lam, in coda to ensure the enfaceahii(rdria Agreement (c) this Agreement is in compliance with all laws applicable to you, Including any debt imitations or fmialions an interest rales or finance charges: (d) the Equipment will be used only far your essential goveraneNal or praprietay 4oatoes consistent with the scope of your authority, will not be used in a bade or business of any person or entgy, by the federal government or for arty personal, farcy or ha seholo use. and your need bribe Equipment is not b edwsb during the term of this Agreement, (e) you have funds available to pay Payments until the end of your current appf*dDn period and you intend to request funds to make Payments in each appropriatim pend far new onti t e lend dine term of this Agreement and (1) your exact legal name is as sel rorth an page one of this Agreement 3 RENT, TAXES AND FEES: Subject to paragraph 4, you will pay the monthly Payment (as Ausled) when due, plus any applic Is sales, use and property lees The base Payment will be adysted PepaimaleIt upwad orixanrwad (1) by up to 10% to accommodate changes in the actual Equipment cast (2) if the shipping charges or taxes d4or from the astimalegiven to you; and (3) to cariplywith the tax Lyn afthe state in which Um Equipments bcaZd Gwepayaoy taxes, insurance or other expenses that you owe hereunder, you agree to reimburse us when we request and to pay us a processing fee for each expense or charge we pay on your brJwtl We may charge you for any Bag II agtsad by the Uniform Commar all Code (UCC) or other laws, which fees vary stale -Eo -slate By the date the fust Payment is due you agree to pay us an origindan fee, as shown an our Imatice or addendum, to cover us for a0 dosing oads We will have the fight to appy all sums, received from you, to any amounts due and owed to us under the tams of this Agreement If far arty reason your check is rebrmed for nonpayment you will pay us a bad c edt charge d$20 or filets. ft maximum charge allowed bylaw We may make a pmR on any lees, esfmaled tax payments and other charges pad under ths Agreement (Caddied on Page 2) 30361 (SLG) Pale 1 d2 Ray OSM017 4 NON -APPROPRIATION OR RENEWAL: If either sufficient funds are not appropriated to make Payments or any other amounts due under this Agreement or (lo the extent required by applicable law) this Agreementis not renewed this Agreement shag terminate and you shall not be obligated to make Payments under this Agreement beyond the then -current fiscal year for which funds have been appropriated Upon such an event, you shall, no later than the end of the fiscal year for which Payments have been appropriated, deliver possession of the Equipment to us if you fail to deliver possess on of the Equ parent to us, the termination shall nevertheless be effective but you shall be responsible, to the extent permitted by law and legally available funds, for the payment of damages in an amount equal to the portion at Payments thereafter cam -ng due that is atributable to the number of days after the termination during which you fad to deliver possession and for any other loss suffered by us as a result of your failure to deliver possession as requ red You shall nut ty us n writing within seven days after your failure to appropriate Muds sufficient for the payment of the Payments or (to the extent required by applicable law) this Agreement is not renewed, but failure to provide such notice shall not operate to extend the Agreement term or result in any liability to you 5 MAINTENANCE AND LOCATION OF EQUIPMENT, SECURITY INTEREST: At your expense, you agree to keep the Equ pmenl it goad repair, condition and working order, in compliance with applicable manufacturers and regulatory standards; free and dear of all liens and claims; and only at your address shown on page I. and you agree not to move it unless we agree As long as you have given us the written notice as required in paragraph 1 prior to the expiration or termination of this AgreemanCs term, you will return all but not ess than a:� of the Equipment and all related manuals and use and maintenance records to a location we specify, at your expense, in retail re -saleable condition, full working oder andcompleterepair You are-solefy responsible for removing any data That may res'de in the Equipment you return (and all expenses associated with its removal). Including but riot limited to hard drives, disk drives or arty other form of memory We own the Equipment, excluding any Financed Items We do not own the Financed Items and cannot transfer any:nteresl'n it to you f this Agreement is deemed 10 be a seared transaction, to the extent permitted by law, you grant us a security interest in the Equipment to secure all amounts you awe us under a•y agreement with us, and you authorize us to fila a UCC financing statement 6 COLLATERAL PROTECTION; INSURANCE; INDEMNITY; LOSS OR DAMAGE: You agree (a) to keep the Equipment fully insured through a tamer acceptable to us against loss in an amount not less than the original cost of the Equipmenl, with us named as lender's loss payee; (b) to maintain comprehensive public liability Insurance acceptable to us and to Include us as additional insured an the polity; (c) to provide proof of insurance saffactory to us no later than thirty (30) days Ntlowlng the start of this Agreement and thereafter upon our written request and to provide us with 10 days advance written notice of any modification or cancellation of your insurance policy(s); (d) I you fail to obtain and maintain property loss insurance satisfactory to as and/or you fail to provide proof or such insurance to us within thirty (30) days of the start of this Agreement, we have the option, but not the obligation, to do as provided neither(A)or(B)as Follows, of the following paragraphs as determined in our discretion: (A) We may secure property loss insurance on the Equipment from a carrier of our choosing in such forms and amounts as we deem reasonable to protect our interests If we place Insurance on the Equipment, we will not name you as an insured and your interests may not be fully protected If we secure Insurance on the Equipment, you will pay us an amount for the premium which maybe higher than the premium that you would pay if you placed the insurance independently and an insurance fee which may result in a profit to us Ihmugh an investment in reinsurance; or (B) We may charge you a monthly property damage surcharge of up to 0035 of the Equipment cost as a result of our credit risk and administrative and other costs as would be further described on a legal from us to you We may make a prefil on this pmgram NOTHING IN THIS PARAGRAPH WILL RELIEVE YOU OF RESPONSIBILITY FOR LIABILITY INSURANCE ON THE EQUIPMENT We are not responsible rot and you agree to hold us harmless and reimburse us for and o defend on our behalf against, any claim for any loss, expense, liability or injury caused by or in anyway related to delivery rnslalWbo i, possession, ownership, use, condition, hnspecl'on, removal, return or storage of the Equipment You are responsible for the risk of loss or for any destruction or or damage to the Equipment You agree to promptlynotfy us in writing of any ass or damage If the Equipment's destroyed and we have not otherwise agreed in writing, you will pay to us the unpaid balance of this Agreement, including arty future tad to the end of the term plus the anticipated residual value of the Equ pment (bath discounted at 2%) Any proceeds of insurance 41 be paid to us and credited, atourop ton, against any loss ordamage You authorize uslo sign on your behalf and appoint us as your atomey-in-fad to endorse in your name any ins,rence drafts or checks issued due to lessor damage to the Equ'pment 7 ASSIGNMENT: YOU HAVE NO RIGHT TO SELL, TRANSFER, ASSIGNOR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT, without our prior written torment Without our prior written consent you shall not reorganize or merge with any other entity or transfer all or a substantial pan of your ownership Interests or assets We may seg assign, or transfer this Agreement without notice to or consent from you, and you waive any right you may have to such notice orconsent You agree that dwe sell, assignor transfer this Agreementour assignee will have the same rights and benefits that we have new and will net have to perform anyofourobfigatbns You agree that the new owner will not be subject to any claims. defenses, or offsets Mat you may have against us Yashalcooperatewithusnexecutingartydocumentationreasonablyrequiredbyusorourassigneetoetectuateanysuclhassignmet This Agreemanlshall be binding anand Inure to the benefit or the parties hereto and their respective successors and assigns 8 DEFAULT AND REMEDIES: You will be in default if: (a) you do not pay arty Payment orolher sum due to us or any other person when due erifyou fail to perform in accordance with the covenants, temps and conditions of this Agreement, (b) you make or have made any false statement or misrepresentation to us, (c) you fie bankruptcy, or (d) there has been a material adverse change in your financial, business or operating condition If any Tanjore Payment is more than 5 days late, you agree to pay a late charge of 10% of the Payment which is late, or If gess, the maximum charge allowed bylaw If you are ever in default, at our option, we can terminate this Agreement and require [hid you pay the unpaid balance of this Agreement. including anyNlurePaymentstotheendofthetermplustheangdpatedresifualvalueoftheEquipment(bothdiscountedat2%) We may recoverdefoullinlereslanany unpaid amount atthe rate of12%peryear Concurrently and cumulatively, we may also use any or all of the remedies available to us under Attdes 2A and 9 of the UCC and any other law, including requiring that you (1) retum the Equipment to us to a bcalon we specify; and (2) immediately stop using any Financed Items In addition, we will have the right, Immediately and without notice or other action, to set-off against any ofyourgabildies to us any money includ tg depository account balances, awed by us to you whelherernotdue In the event of any enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys fees (including any incurred before or at trial, an appeal or in arty other proceeding). actual court costs and any other collection costs, including any collection agency fee If we have to take possession of the Equipment, you agree to pay the costs Of repossession, moving, storage, repair and sale The net proceeds of the sale or any Equipment will be credited against what you owe us under this Agreement YOU AGREE 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 failure to enforce our right%under this Agreement will not prevent us from enbrcmg any rights at a later time You agree that this Agreement is a'Finance Lease' as defined byAd'cle 2A of Ne UCC and your rights and remedies am governed exclusively by this Agreement You waive all rights under sections ZA•508 through 521 of the UCC If interest is charged or collected in excess of the maximum lawful rate,we will not be subject to any penalties In the event that legal proceedings relating to this Agreement (other than our enforcement of this Agreement after a default by you) are commenced in any courier before any other hibunal of competentjudsdicton, the legal Fees and other reasonable casts and expenses of the prevailing parry shall be paid by the non -prevailing parry an demand of the prevailing party 9 INSPECTIONS AND REPORTS: We will have the nght, at any reasonable time, to inspect the Equipment and any documents relating to its use, maintenance and repair You agree to provide updated annual andfor quarterly finanhcial statements to us upon request 10 FAXED OR SCANNED DOCUMENTS, MISC., You agree to submit the original duly -signed documents to us via overnight courier the same day of the facsimile or scanned transmission of the documents The original of this Agreement shall be that copy which bears your Facsimile or ong net signature, and which bears our original signature You waive the night to challenge in court the authenticity or binding effect of any taxed or scanned copy or signature therecin Youagme to execute any further documents that we may request to carry out the Intents and purposes of this Agreement All notices shag be mated drdefivered by facsimile transmission drdvemghl courier to the respectve parties at [headdresses shown an this Agreement or such other address as a party may provide in writing from firm to time 11 WARRANTY DISCLAIMERS: YOU AGREE THAT YOU HAVE SELECTED THE SUPPLIER AND EACH ITEM 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 AGENTOFOURS AND WEARE NOT AN AGENT OF THE SUPPLIER, 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 TO PROVIDE SERVICES WILL NOT EXCUSE YOUR 013LIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, 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, JURY WAIVER: A�cenmA pronfaes and comma mints mpdo by us_cma lis la nf_xM othM cred'd exrcnsinns muss be in wr lin¢ exy ass constdrr�tian and fx sgrhad �s us til be enlacobk. Tins Agmanad may be nodded only by volition agreement and riot by course of performance This Agreement will be governed by and construed in accordance with the law of the stare to which you are baled You consentlar jurisdiction and venue of airyslate er federal court in such state For any adorn cursing out afar totaling to This Agreement or the Equipment, YOU AND WE WAIVE ALL RIGHTS TO A TRIAL BY JURY 13 MAINTENANCE AND SUPPLIES: Thechanges estae5hed by tn.s Agreement nclude payment for the use of The ciesgna;ed Eq.njmenl atcessafres maintenance by supper cluing normal business hours inspection anpstmem pads tepacement drums and cleaning material required for the proper operation as wet as black toner color toner and developer as defamed by the ManulacNrds PublKhed Yield pr Container Addrlonal toner will the to hot separalely Paper media stap:esand clear Inner if any snequaedbyyour particular equipment model must besepaale,Ypurchased bythe customet It necessary McService and suppyportion Wthis Agreement may beassigned byus We may Charge you a supply height to locbwer our Costsol sh ppeg supphe5 to you Customerhasbeen riformcd Thal aeurgepro'mar s recommended to protect mor6ec'manrdflvmlmemtrain natmful hgn vc lige power drstunbance5 Saosurgeprdectats should have network protection when connected n a network environment Units that crevice network crotedon am avalabe through Ray A Morgan Company Customer mspmsibLe for crowding manufacturer recommended adequax power supply Check one olthe tdlbwmg ❑ ouchased ❑ Ifas existing ❑ DcaF edand w be resoons�hle lar damage caused by not having a surge protector 14 OVERAGES AND COST ADJUSTMENTS. You agree to campy with our bi%V procedures including but rot tun4ecio plovdmg us w,ri periodic meter readings on the Equipment At The esd of tie fin t 2 tntmtls aMr mmmencenment of this Agreement, and once each successive 12 month period thereafter we may increase the maintenance and supp'hes portion of the Payment and the act mage charge over Me base minimum try a a mmum of 5'v over the crops of the pruvous year In addition wE may assess an additional fuel and or freght surcharge to offset hgiror than norma: service casts as a resin of adverse ecomerno conVAns 11 The supplier is provd ng maintenance and supplies 10 You For equpmenr that K not leased from us but the charges fat such maintenance and supp'es are incluhled in this Agreement you agree that d you retire, replace andkr add new non -leased equipment to the Agreement you gram us the ab:4 to reflect these additions or deletions of said non leased equipment to the Agreement and your payments under this Agreement may be adjusted acsordmgy 15 UPGRADE AND DOWNGRADE PROVISION AFTER COMMENCEMENT OF THE AGREEMENT AND UPON YOUR WRITTEN REQUEST AT OUR SOLE DISCRETION, WE MAY REVIEW YOUR ILWGErSCAN VOLUME AND PROPOSE OPTIONS FOR UPGRADING OR DOWNGRADING THE EQUIPMENT TOACCOMMODATE YOUR BUSINESS NEFUS 16 TRANSITION BILLING: In order to faoYate an elderly trans tion nc ud:ng nstallaum and Owning and to prowde a uniform Wt,: g cycle the start date of this Agreement (the 'Effective UaWl trdbe a date after the wbremn of acceptance of the Equtprreht as shown on the first Invoice The payment for this transition period on I be based on the base mmmum usage baymem premed on a 30 day ce'enM month and wit be added to your fast monthly Paym M 17 CALIFORNIA JUDICIAL REFERENCE AGREEMENT The parties agree that any and a disputes clams and Controversies aorsmg taut of this agreement (nd`adtng but tact traded o aCxns ansIng in contract or fort and any clams by a party against usretailed nanyway tothe fnanuM)(mdmdually a'D•spute'')that are brought before aforum n which pie dispute warruers of the right to Wal by jury are mvaldl under appilicable Fear shall besubject to Mile terms afthis Section to leu of the fury Warwarvei(s) othennse provided a this Agreement Any and as Disputes shallbeheardbyareeveandresoVedbylutlmalreferencepursuanttoCalflomhaCodeof00ProcedureSecuors638etself Tithe referee shelf be a retired Cal flanut slartecourt judge or an attorney licensedlo practice haw in the State of California with at least ten (10) years' experience praactng comme nal law The parties shag nor seek to appoint a referee that maybe OKua:r6ed pursuant td Caltbmta Codla rd0 l P. ore Sechm 641 at 6412 wttteul the prior wmlen consent of all partes If the parties am unable to agree upon a referee within ten (10) cakmdat days alter one parry soma wnffen fierce of intent for ludctal reference upon the other party or partes tben the referee wad be so!ecled by Ne Courtin accordance with Cal'omca Code oI Chwl Procedure Section 640(b) The referee shag tender a written statement of decision and shag Conduct the paceedmgs to accordance with the California Cade of CwJ Procedure the Rules of Court and CaVorrda EvCence Code except as othenwnse speofically agreed by the panes and approved by the referee The referees stak%rent W decrshon shag set forth fimmgs d fact and conclusions of law The decwm at the mome shat be emerd as a judgment n the court n accordance with the pmwsrons of Cadatma Code al Cwd Procedure Sectans 644 and 645 The decision of the retie me shat be appealable to the same extent and m the Sam manner that such decision would be appe"la d rendered by a Iudge of the supero court Nothing in this Section shall be deemed to apply to or kind our tights (a) In exercise self help remedies such as (but not. coded o) setoff (b) to foreclose judicially or ronjndrpally against any real of personal popery, Codaleral or to exercise judicial ornonjudivalporrerofsaerghts (C) to obtain from a court powsmnaloranuparyremedies (including butnbl'mledo m;unctverelrf awrdofpossession,prej,dgrrmdhtgtadurhent,aprotective order arthe apon7nemofaMCena) or (d) to pursue rights against a party in a thud parry proceeding many acorn brought aganst its I mclud.ng actions in bankruptcy cola) We may exercise the rights set bmh in the forego -mg clauses (a) through (d). ntlswe befotC during a atter the pendency of any judicial reference proceeding Neither The exercise of sell help remedies nen the n adubm or maintenance 01 an action for fdreclesum at provisional or anc nary tenedes or rho opposition 10 any such pomsmal remedies shalt consllate a wawa of the rigid of any patty including but not luded to the clamam in any such actor to requme Submrsson to judicial reference the mef.3 of Five O,spwe Occasioning msOn to such remedies No povson m this Agreement regarding submissen to jurisdiction and/or venue m any coun rs mtbnded or shag be conswed fo be in derogation Of the provrstas in this Agreement for judicial reference of any Otseute It a Dispute Includes multiple clams some of which are found not subject to In s Settee the panes shag stay the proceed ngs of the Disputes on pan or pans themol not sub ect t0 this Setter untJ air other Disputes on pans thecal am rosotvd m accordance with This Sector II them are Disputes by Or against mindere panes some of which are not sub ect FO this Section lime parties sha7 Sewer The Disputes sub ect to this Section and resolve them in aCfaMannda *0 this Section Outing the pendency of any Dispute which is submitted to judctal mkvercem accordancovrdh this Section each of the Maces to such Drsputeshal beareautai shares of the Fees; Charged and costs flamed bythe rellin ocetrmng the services described to IMS Section The compensation of the referee shag not exceed The prerting Water like services The prevasirg parry steal beentitled o reasonablecan on% and legal fees arlux" Custamaryattorneys lees expert witness fees, paralegal fees the fees of the referee and other reasonable casts and disbursements charged to the Party by its Counsel in such armurd as is detettmmed by fine mime In the event of any challenge to ire legally or enforceability of this Section. the prevaimg parry shag be entitled to recover the costs and expenses from the non peva?ng party including masonab* alenetiC lees, ucmred by 4 in Connrtrtom themand, THIS SECT44 CONSTITUTES A 'REFERENCE AGREEMENT' BETWEEN OR AMONG THE PARTES WITHIN THE MEANING OF AND FOR PURPOSES OF CA:IFORNIA CODE OF CIV. PROCEDURE SECTION 638 30361 (SLG) Page 2 of 2 Rev 05W12017 II;Icn beIII�����ll k I�Allll _� III�II�IIIIIIIIIIIII ���IIIIIIIIII�"""""" 3�III III Ia, w� LU � Willoao�a���s�eeeeaeaa� 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 and Recreation Project Manager: Catherine Quffa Extension: 3078 Contractor Name: Ray Morgan 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 lick here to ❑ enter a date. b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org 12/10/2019 ®CGQ 2 City Attorney a. Review, revise, and comment on draft agreement 12/10/2019 © LG and return to Project Manager 12/10/2019 ® LG b. Confirm insurance requirements, create Job on (N/A) PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to 12/10/2019 N SAW contractor 4 Project Manager Forward three (3) originals of final agreement to 12/11/2019 ®CGQ contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City ,3' 1� rn Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed 2 / / agreement %y�� 8 City Attorney Review and approve insurance in PINS, and bonds 1-2-1 11q /�� (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized 1�/�// f� official U 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager GLS