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HomeMy WebLinkAboutContracts & Agreements_69-2013_CCv0001.pdf LAW OFFICE OF Kathy A Gandara April 25, 2013 Kim Braun Human Resources/Risk Manager 35 Cajon Street Redlands,CA 92373 Re- Engagement of Firm Dear Ms.Braun: This letter will confirm you have asked the Law Office of Kathy M. Gandara (hereafter,"the Firm") to provide investigative services for the City of Redlands ("Client").This Agreement will govern all services to be performed for this engagement Scope of Services Client hires the Firm to conduct an independent workplace investigation regarding the complaint made by Tracy Harris against Don Young. The firm will perform these duties as an attorney at law,and our communications,work product,and final report will be protected from disclosure pursuant to the attorney-client privilege, unless waived by the Client. The scope of the investigation will be limited to making factual findings with respect to the aforementioned complaint(s) and not whether any conduct rises to the level of a violation of law. During the course of the investigation,if requested by Client, the Firm will provide status updates on the progress of the investigation. 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 particular credibility determination, find of fact or conclusion. Kim Braun,Human Resources/Risk Manager,will be the Firm's contact person for the purpose of coordinating witnesses and obtaining relevant documentation. Invoices will be forwarded to Ms. Braun for processing. 3350 Shelby Street,Suite 200 - Ontario,CA 91764 (909)944-2534(Tel) • (909)899-1718(Fax) kathy@gandaralaw.com www.gandaralaw.com Kim Braun Human Resources/Risk Manager April 2S, 2013 Page 2 of 5 Fees and Costs The Firm's rate is $175 per hour,which is billed in 1/10th increments. Said hourly rate will be charged for all aspects of the investigation including,but not limited to, all time spent interviewing witnesses,traveling to the location,reviewing background facts and relevant documents,consultations with authorized representatives/administrators, and preparing a written investigation report The Firm may incur various costs and expenses in performing legal services under this Agreement. Client agrees to pay for all costs,disbursements and expenses paid or owed by the Client in connection with this matter, or which have been advanced by the Firm on the Client's behalf and which have not been previously paid or reimbursed. Except for the items listed below, costs and expenses will be charged at the Firm's cost In office photocopying .25/page Facsimile charges $1.00/page Mileage 56.5 cents/mile These items,and any other costs,will be separately itemized on our billing statements as expenses. No retainer fee is required at this time. Billing statements will be prepared and mailed after the close of the month in which services are rendered and costs advanced. Payment is due upon receipt of the billing statement Indemnification The Firm must be able to seek out and support conclusions without concern about being a possible respondent of a claim or defendant in a lawsuit. Accordingly,if as a result of services performed or findings made by the Firm relating to the investigation,Firm is named as a defendant/respondent by a third party, Client agrees to provide a defense at its expense through its legal counsel or,at the Firm's option,will provide-reimbursement for legal counsel chosen by the Firm- The Client will also indemnify and hold the Firm harmless with respect to any judgment entered against it and/or with respect to any and all terms of settlement of any third party claims relating to the services rendered hereunder. Kim Braun Human Resources/Risk Manager April 25,2013 Page 33 of 5 General This Agreement is deemed to have been executed,and is intended to be performed in the County of San Bernardino, State of California,subject to its laws,regardless of whether services are actually rendered outside of the County or State. No ]Praises or Warranties No promise,representation or warranty has been made by or for the Firm with respect to this Agreement except as appears in this document.The Client understands that the Firm has made no representation or guarantee concerning the favorable outcome of this matter or the favorable outcome of any legal proceedings that may be filed or defended on behalf of the Client. The Client further acknowledges that the Client has had the opportunity to seek the advice of separate counsel with respect to this Agreement and has availed itself of that opportunity to the extent that the Client deemed appropriate. Fee is a Negotiated Fee The fee charged to the Client is a fee that is not set by statute but rather is a negotiated fee between the Attorney and the Client. The Client agrees and understands that the fee agreement set forth in this document represents the intentions of the Attorney and the Client and is not based upon any statute of the State of California. Professional liability insurance As of the date of this letter, Law Office of Kathy M.Gandara has errors and omissions insurance which covers investigation services. Dispute Resolution The parties herein agree that any controversy between them regarding the construction,application or performance of any services under this agreement,and any claim arising out of or relating to this agreement or its breach,shall first be submitted to a local mediator with knowledge of employment law,mutually agreed upon by the parties, upon the written request of either. If legal action becomes necessary,this Agreement is considered entered into in Ontario,California. The forum for venue for the judicial resolution of such dispute shall be proper only within the County of San Bernardino,California, Kim Braun Human Resources/Risk Manager April 25, 2013 Page 4 of 5 No variance,change,modification or augmentation of this Agreement shall be effective unless and until confirmed in a writing signed by the Firm and the Client making express reference to this Agreement.This document embodies the whole agreement of the parties.There are no promises,terms,conditions or obligations other than those contained herein,and this contract shall supersede all previous communications,representations,or other agreements, either verbal or written, between the Firm and the Client. This d Facsimiles. This Agreement may be signed in counterpart. Facsimile signatures of the Firm and the Client as well as scanned documents shall be effective as an original signature. By your signature below,you agree to (a) engage the firm's services, (b) to be truthful, (c) cooperate with the investigation and (d) timely make any and all payments required by this Agreement. The Firm cannot make, and has not made, any warranties or representations concerning the outcome of this matter,or as to the total fees or costs that may be incurred. However,based on the representations by the City as to the scope of services,this engagement will not exceed$30,000 without board approval. If this letter correctly sets forth your understanding of the scope of the services to be rendered to you by the Law Office of Kathy M. Gandara, and if the terms of the engagement are satisfactory,please sign and date a copy of this letter in the space provided,and return it to me. If the scope of services described is incorrect or if the terms of the engagement set forth in this letter are not satisfactory to you,please call me so that we can discuss either aspect. This document constitutes the entire agreement between the firm and you with respect to the subject matter hereof,and supersedes all prior and contemporaneous oral and written agreements and discussions. It may only be amended in a writing signed by you and by the firm. I look forward to working with you. Very truly yours, Kathy Gandara Kim Braun Human Resources/Risk Manager April 25, 2013 Page 5 of 5 I am authorized to, and do hereby agree to and accept the terms of the engagement as stated herein on behalf of the City of Redlands. Signature Date Print name Title Attest: A � City Clerk,-Rekflands, CA Date Frim W09 Request for Taxpayer Give form to the (Rev.Wobltr 2007) Identification Number and Certffication requester.Hyo not Department of ttm Tre=ucy send to the IRS. +nt�rr+ai A$v�-ttir$w&MC$ Naive(a*shown on your noome tax returni Kalil Gaidua Business name,if different from shave Lam Officas of Kaft M.Gatiiilara Check arvOMW bo:. 0 11di iduatlSoie PIOPnetor ❑ Cortxsration ❑ Partnership Exempt 4?�` Ournited liability tgrnparfy,Enter the tax C133.+ifiCetion(D=disregsrdad entity,C=rrarporstPon,PupBrtnet*,.htp)# --•---- ❑ payee [l otr+er lace inaurxi -)> CAddrrss(number,street,and apt.or.suite no-) flequesier's name and gess(ovtiorw) ° o 33N SWby Sboft Suite 200 City,state,and ZIP axle ti,CA 917154 List account number($)here(optionati , Taxpayer tdentiftciation Number N Enter your TIN in the appropriate box.The TIN provided must match the name giver,on tine 1 to avoid Social security number backup withholding-For individuals,this is your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 1 For other entities,it is your employer identification number(EIN). If you do not have a number,see How to get a TIN on page 3. or Note. If the account is in more than one name.see the chart on page a for guidelines on whose Env4otrat identification number number to enter. 26 1897124 Certification Under penalties of perjury,i oertlfy than 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to mai),and 2. 1 am not subject to backup withholding because: (a)I am exempt from backup withholding,or(b)I have not bash notified by the internal Revenue Service ORS)that I am subject to backup withholding a9 a mutt of a failure to report all interest or dividends,or(c)the IRS has notified me that i am no longer subject to backup withholding,and 3. 1 am a U.S.citizen or other U.S_ person(defined below). Certification Instructiom You must cross out item 2 above if you nave been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transaetlorm,item 2 does not apply. For mortgage intermit paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA)l and generalty,payments other than interest and dividends,you are not required to sign the Certification,but you must provide your correct TIN.See the instructions on page 4. Sign Signature of Here I U.S.Person► bate ► -.301 General Instructions Definition of a U.S. person. For federal tax purposes, you are considered a U.S.person if you are: otherwise rioted. Section references are w me internal Revenue Code unless • An individual who is a U.S.citizen or U.S.resident alien, * A partnership,corporation,company,or association created or Purpose of Form organized in the United States or under the laws of the United A person who is requires to file an information return with the States, IRS roust obtain your correct taxpayer Identification number(TIN ) a An estate(other than a foreign estate),or it,report,for example, income paid to you, real estate 6 A domestic trust(as defined in Regulations section transitions, mortgage interest you paid,acquisition or 30.1,7701_7), abandonment of secured property,cancellation of debt, or contributions you made to an IRA. Special rules for partrtsrships.Partnerships that conduct a trade or business in the United Stag are generally required to Use Form W-0 only If you are a U.S. poor (including a pay a withholding tart on any foreign partmer€s'share of income resident alien), to provide your correct TIN to the person from such business, Further,In cerWri cases where,a Form W-9 requesting it(tire requested and,when applicable, to: has not been received,a partnership is required to presume that 1, Cartify that the TIN you am giving is correct(or you are a partner is a foreign person,and pay the withholding tax. waiting for a number to be issued), Therefore, if you are a U.S. person that is a partner in a 2. Certify that you are not subject to backup withholding, or partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. 3, Claim exemption from backup withriolding if you are a U.S. Status and avoid withholding on your share of partnership exempt payee. if applicable, you are also cervfying that as a inco . U.S person,your alkwable of any partnership income from, The tan who gives Forty,W-9 to the partnership for a U S.trade or business is not subject to the withholding tax on purpo: of establishing iia U.S.status and avoiding withholding foreign partners' share of effectively connected income. on Its allocable share of net Income fawn the partnership Note. If a requester gives you a fora}tither than Form W-9 to conducting a trade or business In the United States is in the request your TIN,you must use the requester's form it it is following crises. substantially slrnflar to this Form W-9. e The U.S. owner of a disregarded entity and not the entity, Cat.No.1023tx Forth W-0 (Rev.10-20()71 Liberty UJf�ITEt� (�, AN[�E(�SQN u,yrs Imo, INSURMNCE SERVICES, INC. Spoctohzing in Pmfa"ionol Nobility Slnca 1961 1834 80th Street • Swcn eorboro,CA 93101 LIU 1401 Ed.02 08 (805) 682-8885 - fox(805) 563-1160 LIBERTY INSURANCE UNDERWRITERS, INC. LAWYERS PROFESSIONAL LIABILITY POLICY DECLARATIONS NOTICE: THIS IS A CLAIMS MADE AND REPORTED POLICY. THIS POLICY COVERS ONLY CLAIMS FIRST MADE; i DURING THE POLICY PERIOD OR EXTENDED REPORTING PERIOD, IF APPLICABLE, AND REPORTED DURING THE POLICY PERIOD OR D(TENDED REPORTING PERIOD,IF APPLICABLE,AND OTHERWISE COVERED BY THIS; INSURANCE. PLEASE READ THE POLICY CAREFULLY AND DISCUSS THE COVERAGE WITH YOUR INSURANCE! AGENT OR BROKER, POLICY NUMBER: LPA296688-0113 RENEWAL OF: LPA296688-0112 PRODUCER AND ADDRESS: Affinity Insurance Services,Inc. 159 E. County Line Road Hatboro,PA 19040 NAMED INSURED AND ADDRESS: Kathy M. Gandara 3350 Shelby Street Suite#200 Ontario,CA 91764-5556 The Named Insured is; _IL_ Individual Partnership Corporation Limited Liability Partnership Limited Liability Corporation Other POLICY PERIOD: From: 2/11J2013 To: 2/11/2014 (12:01 A.M. at the Named Insureds address set forth above) LIMIT OF LIABILITY: $1,000,000 Each Claim $1,000,000 Aggregate DEDUCTIBLE: $5.000 Each Claim Policy Fce: 51n.00 PREMIUM: $2,595.00 Agency Fee- $100.00 ENDORSEMENTS FORMING PART OF THIS POLICY AT ISSUANCE: LIU1400 (02/03) LIU1405(07/08)CA LIU1317(11/00) LIU1321 (03101) LIU3022 (04102) OFAC(08/09) This Declarations page, together with the Application, the attached Lawyers Professional Liability Insurance Policy, and all endorsements thereto, shall constitute the contract between Liberty Insurance Underwriters, Inc. and the Named Insured identified above, This policy is valid only if signed below by a duly authorized representative of Liberty Insurance Underwriters, Inc. February 12,2013 AuthdhtedlepreseIssue Date Page 1 of 1 Kundig, Tina From: Kundig, Tina Sent: Monday, April 29, 2013 3:34 PM To: Scott-Leistra, Deborah Cc: Braun, Kim; McHugh, Dan Subject: RE: Contract Importance: High Thanks, Debbie. I just spoke with Dan regarding the contract with the law office of Kathy Gandara and he noted that he is fine with the contract, and that indeed, he and Kim participated in the process of getting quotes. Thanks for your help and I will get the contract signed today. Tina From: Scott-Leistra, Deborah Sent: Monday, April 29, 2013 3:24 PM To: Kundig,Tina Cc: Braun, Kim Subject: Contract Tina, Kim is out of the office today and we still do not have access to webmail so she cannot send the back-up documents on the quotes. When she dropped off the contract today,she stated that she would bring you the back-up documentation to go with the contract when she returns tomorrow. Thank you for going ahead and reviewing the contract to be able to sign. Debbie Scott-Ceistro 4/29/2013