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HomeMy WebLinkAbout2017-1421 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2017-142 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CITY ATTORNEY TO EXECUTE A CONSULTANT SERVICES AGREEMENT WITH VAN DERMYDEN MADDUX LAW CORPORATION FOR EMPLOYMENT INVESTIGATION LEGAL SERVICES BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AS FOLLOWS: SECTION 1. The City Attorney of the City of San Bernardino, California is hereby authorized and directed to execute on behalf of said City a Consultant Services Agreement between Van Dermyden Maddux Law Corporation and the City of San Bernardino, California for employment investigation legal services, a copy of which is attached hereto and incorporated herein as Exhibit "A." SECTION 2. The authorization granted by this Resolution shall expire and be void and of no further effect if the agreement is not executed by both parties and returned to the Office of the City Clerk within sixty (60) days following the effective date of this Resolution. 1 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CITY ATTORNEY TO EXECUTE A CONSULTANT SERVICES AGREEMENT WITH VAN DERMYDEN MADDUX LAW CORPORATION FOR EMPLOYMENT INVESTIGATION LEGAL SERVICES I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 19th day of July 2017, by the following vote, to wit: Council Members: AYES MARQUEZ X BARRIOS X VALDIVIA X(m) SHORETT X NICKEL X RICHARD X _ MULVIHILL X(S) NAYS ABSTAIN ABSENT George . Hanna, CC) City Clerk The foregoing Resolution is hereby approved this 19th day of July 2017. 10 4l L R. Carey Davi , Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: L) 2 CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VAN DERMYDEN MADDUX LAW CORPORATION FOR EMPLOYMENT INVESTIGATION LEGAL SERVICES This Consultant Services Agreement (the "Agreement") is entered into by and between: the City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 290 N. "D" Street, San Bernardino, California (the "CITY"); and, Van Dermyden Maddux Law Corporation (the "CONSULTANT") (individually CITY or CONSULTANT may be referred to as a "PARTY" and collectively CITY and CONSULTANT may be referred to as the "PARTIES"). WITNESSETH: WHEREAS, the, CITY proposes to have CONSULTANT perform the services described herein below; and. WHEREAS, CONSULTANT represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and WHEREAS, CITY and CONSULTANT desire to contract for Employment Investigation Services and desire to set forth their rights, duties, and liabilities in connection with their performance; and, WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. SCOPE OF SERVICES. 1.1 Scone. For the remuneration stipulated, CITY hereby engages the services of CONSULTANT to provide those products and services as submitted to CONSULTANT by CITY. CONSULTANT agrees to conduct fact-finding investigations and report the findings to a person designated by the CITY. In order to avoid allegations of bias or influenced investigations, the CONSULTANT shall not draw legal conclusions or provide recommendations for potential actions resulting from the investigation. Each investigation is limited to the specific Scope of Investigation (SOI) submitted to CONSULTANT by CITY. Other issues that may arise during the investigation shall be brought to the attention of the CITY. The SOI shall not be exceeded without written authorization of the CITY. If a conflict arises between the Scope of Services and this Consultant Services Agreement (hereinafter "Agreement"), the terms of the Agreement shall govern. CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VAN DERMYDEN MADDUX LAW CORPORATION FOR EMPLOYEE INVESTIGATION SERVICES Page 1 of 10 1_2 Professional Practices/License. Requirements. All professional services to be provided by CONSULTANT pursuant to this Agreement shall be provided by skilled personnel and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. CONSULTANT also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise CITY of any changes in any laws that may affect CONSULTANT's performance of this Agreement. CONSULTANT further represents that no CITY employee will provide any services under this Agreement. A licensed attorney investigator shall conduct the investigations. The CITY shall have the opportunity to approve the assigned investigator(s). CONSULTANT'S employees are not employees of the CITY and are not entitled to Worker's Compensation benefits or any benefits afforded to employees of the CITY; and 1_3 Warranty. CONSULTANT warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. CONSULTANT shall indemnify and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including reasonable attorneys' fees and costs, presented, brought, or recovered against CITY for, or on account of any liability under any of the above mentioned laws, arising from or related to CONSULTANT's performance under this Agreement. 1_4 Responsibility for Errors. CONSULTANT shall be responsible for its work and results under this Agreement. CONSULTANT, when requested by CITY, shall furnish clarification and/or explanation as may be required by CITY's representative, regarding any services rendered under this Agreement at no additional cost to CITY. In the event that an error or omission attributable to CONSULTANT occurs, then CONSULTANT shall, at no cost to CITY, provide all necessary services to rectify and correct the matter to the sole satisfaction of CITY and to participate in any meeting required with regard to the correction. CONSULTANT agrees that typographical errors, syntax, clarity of content or structure may be subject to revision and/or correction at the request of City. Otherwise, Consultant is an independent fact finder and findings made by Consultant are not subject to the satisfaction and/or approval of City. 1_5 Confidentiality and Disclosure of City Information. All information about City of San Bernardino business obtained by CONSULTANT during the investigation contemplated in the attached SOI shall be deemed confidential. ("Confidential Information"). Unless the City provides written permission and/or CONSULTANT is compelled by a court of law or regulatory agency, CONSULTANT shall not disclose, in any manner or through any technologies, such Confidential Information with any other person or entity. Unauthorized disclosures of Confidential Information will be deemed a material breach CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VAN DERMYDEN MADDUX LAW CORPORATION FOR EMPLOYEE INVESTIGATION SERVICES Page 2 of 10 of this Agreement. Provisions related to protecting Confidential Information shall survive this Agreement. 1_6 Non-discrimination. In performing this Agreement, CONSULTANT shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender, sexual orientation, or any other protected class except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1_7 Non -Exclusive Agreement. CONSULTANT acknowledges that CITY may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1_8 Delegation of Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of CITY. CONSULTANT may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at CONSULTANT's sole cost and expense. 1.9 Conflicts of Interest/Disclosure. During the term of this Agreement, CONSULTANT shall at all times maintain a duty of loyalty and a fiduciary duty as to the CITY and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the CITY. CONSULTANT or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interests that may be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will have a foreseeable financial effect on such interest. CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of the Agreement by CITY. 1.10 Attorney Client Privilege. Consultant's assigned investigator shall be an attorney licensed to practice law in the State of California. The investigator shall perform the investigation in a manner consistent with the standards of care, diligence and skill ordinarily exercised by attorney investigators in similar fields and circumstances in accordance with sound professional practices. The findings shall be based on an impartial and professional evaluation of the evidence. The execution of this agreement creates an attorney-client relationship between the City and the investigator. The investigator shall refrain from providing legal advice as to the appropriate actions the agency should take in response to the CONSULTANT'S findings. The City Attorney shall be solely responsible for providing the City legal advice relating to this investigation, including the legal implications and actions the City should take based on the results of the investigation. CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VAN DERMYDEN MADDUX LAW CORPORATION FOR EMPLOYEE INVESTIGATION SERVICES Page 3 of 10 2. COMPENSATION AND BILLING. 2_1 Compensation. CONSULTANT shall be paid at the following rates: Attorney/investigator services - $325.00 per hour plus expenses; Post investigation hearings, trials, depositions, etc. subpoenaed or requested in writing by the CITY or if subpoenaed by any party to the investigation - $325.00 per hour, four hours minimum, plus expenses. When the investigator is placed in an On -Call status, the fee is $130.00 per hour, four hour minimum. CONSULTANT shall be reimbursed for the cost of the City of San Bernardino business license. In no event shall the total amount paid to CONSULTANT exceed $25,000.00. 2_2 Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 2.3 Additional Services. CONSULTANT shall not receive compensation for any services provided outside the scope of services specified in this Agreement unless the CITY, prior to CONSULTANT performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.4 Method of Billing. CONSULTANT may submit invoices to CITY for approval at intervals no more often than monthly. Said invoice shall be based on the total of all CONSULTANT's products and services that have been supplied and performed to the CITY's sole satisfaction. CITY shall pay CONSULTANT's invoice within forty-five (45) days from the date CITY receives said invoice. Each invoice shall describe in detail the products supplied, the services performed, and the associated time for completion. Any additional products or services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.5 Records and Audits. Records of CONSULTANT's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to CITY upon reasonable notice for a period of three (3) years from the Effective Date. 3. TERM AND NOTIFICATION. 3.1 Term. The term of this Agreement shall commence on the date on which all PARTIES signatures are entered. The latest dated signature shall be the ("Effective Date") of this Agreement. The Agreement shall commence on the Effective Date and continue for one year, unless the Agreement is otherwise terminated as provided for herein. 3.2 Delivery of Final Report. CONSULTANT understands and agrees the investigation shall be finalized and a final investigation report and all supporting documents shall be CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VAN DERMYDEN MADDUX LAW CORPORATION FOR EMPLOYEE INVESTIGATION SERVICES Page 4 of 10 submitted to the CITY within two (2) months of the Effective Date. Good cause existing, the delivery date of the final report and supporting documentation may be amended/extended. The determination regarding the existence of good cause under this section shall be at the sole discretion of the CITY. 3_3 Termination. CITY or CONSULTANT may terminate the services provided under this Agreement upon thirty (30) days written notice to the other party. In the event of termination, CONSULTANT shall be paid the reasonable value of services rendered to the date of termination. 3_4 Documents. In the event of termination of this Agreement, all documents prepared by CONSULTANT in its performance of this Agreement shall be delivered to the CITY within ten (10) days of delivery of termination notice to CONSULTANT, at no cost to CITY. Any use of uncompleted documents without specific written authorization from CONSULTANT shall be at CITY's sole risk. 4. INDEMNITY. CONSULTANT agrees to and shall indemnify and hold the CITY, its elected officials, employees, agents, or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of CONSULTANT, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the CITY, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, CONSULTANT agrees to protect and defend at its own expense, including attorney's fees, the CITY, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. CONSULTANT hereby waives any and all rights to any types of express or implied indemnity against the CITY, its elected officials, employees, agents or representatives, with respect to third party claims against the CONSULTANT relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. 5.1 Minimum Scope and Limits of Insurance. CONSULTANT shall obtain and maintain during the life of this Agreement all of the following insurance coverage: (a) Comprehensive general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined singles limits, per occurrence and aggregate. CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VAN DERMYDEN MADDUX LAW CORPORATION FOR EMPLOYEE INVESTIGATION SERVICES Page 5 of 10 (b) Automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Worker's compensation insurance as required by the State of California. 5.2 Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 5.3 Certificates of Insurance. CONSULTANT shall provide to CITY certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by CITY, prior to performing any services under this Agreement. 5_4 Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained within this Agreement, or the extent to which CONSULTANT may be held responsible for payments of damages to persons or property. 6. General Provisions. 6_1 Non-discrimination. In the performance of this Agreement and in the hiring and recruitment of employees, CONSULTANT shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 6.2 Independent Contractor. CONSULTANT, at all times while performing under this Agreement, is and shall be acting at all times as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall secure, at its expense, and be responsible for any and all payment of wages, benefits and taxes including, but not limited to, Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for CONSULTANT and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Neither CONSULTANT nor its CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VAN DERMYDEN MADDUX LAW CORPORATION FOR EMPLOYEE INVESTIGATION SERVICES Page 6 of 10 officers, agents and employees shall be entitled to receive any benefits which employees of CITY are entitled to receive and shall not be entitled to workers' compensation insurance, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing or social security on account of CONSULTANT and its officers', agents' and employees' work for the CITY. This Agreement does not create the relationship of agent, servant, employee partnership or joint venture between the CITY and CONSULTANT. 6_3 Business Re 'stration Certificate/Other Rgguirements. CONSULTANT warrants that it possesses or shall obtain prior to execution of this Agreement, and maintain, a business registration certificate pursuant to Chapter 5 of the San Bernardino Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of CONSULTANT to practice its business or profession. 6_4 Notices. Any notices, documents, correspondence, or other communication concerning this Agreement or the services provided hereunder may be provided by personal delivery or U.S. Mail. If personally delivered the notice shall be deemed delivered at the time of the personal delivery. If sent by U.S. Mail the notice shall be deemed delivered forty- eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. IF TO CONSULTANT: Van Dermyden Maddux Law Corp. Attn: Deborah Maddux 2520 Venture Oaks Way Suite 140 Sacramento, California 95833-4228 Telephone: (916) 779-2402 Facsimile: (916) 779-1451 IF TO CITY: San Bernardino City Attorney's Office Attn: Jason M. Ewert 290 North "D" Street, 3rd Floor San Bernardino, CA 92401 Telephone: (909) 384-5122 Facsimile: (909) 384-5138 6.5 Attornev's Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this Agreement. 6_6 Assignment. Notwithstanding the subcontracting provisions of section 1.8, CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the CONSULTANT's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VAN DERMYDEN MADDUX LAW CORPORATION FOR EMPLOYEE INVESTIGATION SERVICES Page 7 of 10 the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release CONSULTANT of CONSULTANT's obligation to perform all other obligations to be performed by CONSULTANT hereunder for the term of this Agreement. 6.7 No Third Party Beneficiary Right . This Agreement is entered into for the sole benefit of CITY and CONSULTANT and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.8 Venue. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the Superior Court of the State of California for the County of San Bernardino or the United States District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 6.9 Governing Law. This Agreement shall be governed and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. 6.10 Successors and Assimnents. This Agreement shall be binding on and inure to the benefit of the PARTIES to this Agreement and their respective heirs, representatives, successors, and assigns. 6.11 Headings. The subject headings of the sections of this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.12 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 6.13 Remedies/Waivers. All remedies available to either PARTY for one or more breaches by the other PARTY are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The delay or failure of either PARTY to require performance or compliance of the other of any of its obligations under this Agreement shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless made in writing and signed by a duly authorized representative of the PARTY against whom it is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of such CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VAN DERMYDEN MADDUX LAW CORPORATION FOR EMPLOYEE INVESTIGATION SERVICES Page 8 of 10 right or remedy with respect to any future occurrences or events and shall not be deemed a continuing waiver. 6.14 Entire Agreement. This Agreement constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. 6.15 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' format data file, such signature shall create a valid and binding obligation of the PARTY executing (or on whose behalf such signature is execute) with the same force and effect as if such facsimile or ".pdf'signature page were an original thereof. 6.16 Amendment. No amendment to this Agreement will be effective unless it is in writing and signed by both PARTIES. 6.17 CoMorate Authority_. Each person executing this Agreement on behalf of the PARTIES hereto warrant that they are duly authorized to execute this Agreement on behalf of said PARTIES and that by doing so, the PARTIES hereto are formally bound to the provisions of this Agreement. 6.18 Com liance with All Laws. CONSULTANT agrees to abide by all federal, state, and local laws, ordinances and regulations. 6.19 Force Majeure. A PARTY shall not be liable for any failure or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, governmental orders or any other force majeure event. 6.20 Order of Precedence. In the event of any inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. 6.21 Construction. The PARTIES have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the PARTIES and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any Party by virtue of authorship of any of the provisions of this Agreement. CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VAN DERMYDEN MADDUX LAW CORPORATION FOR EMPLOYEE INVESTIGATION SERVICES Page 9 of 10 CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VAN DERMYDEN MADDUX LAW CORPORATION FOR EMPLOYMENT INVESTIGATION LEGAL SERVICES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. CITY OF SAN BERNARDINO A Municipal Corporation J -e -4e Mark Scott, City Manager Date 7-Z7-/'/- 2 Approved as to form: Gary D. Saenz, City Attorney 'Z A s - Georgeann HGna, CMC, City Clerk CONSULTANT VAN DERMYDEN MADDUX LAW CORPORATION Maddux, Serr'or Managing Partner r Date CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VAN DERMYDEN MADDUX LAW CORPORATION FOR EMPLOYEE INVESTIGATION SERVICES Page 10 of 10