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25-129.00RebeccaDeanPPLLCIndependentInvestigatorAgreement
co fJr C, C-+ iVo. Z.S -I--C( REBECCA DEAN NLLC July 22, 2025 VIA EMAIL John Hohman City Manager City of Spokane Valley 10210 E. Sprague Avenue Spokane Valley, WA 99206 RE: CITY OF SPOKANE VALLEY/IMPARTIAL INVESTIGATION Dear Mr. Hohman: Thank you for the opportunity to assist the City of Spokane Valley ("the City") with an investigation. I appreciate your confidence and look forward to working with you. Accompanying this letter is a Statement of Services and Charges. This letter and the Statement of Services and Charges are my engagement agreement with the City and will continue in effect unless we make other written arrangements. The Scope of the Engagement You have asked me to investigate and assess citizen Bob West's complaint in a Council meeting that Councilmember Jessica Yaeger conducted City business on her personal social media account. I understand that you have retained me because I am a lawyer with experience in conducting independent and impartial investigations. This engagement, however, is solely for the purpose of conducting an impartial investigation, and I will not be acting as legal counsel to the City or to any individual involved in this investigation. Consequently, many of the ethical rules and standards applicable to an attorney when the attorney represents a client, such as the duty of confidentiality and the attorney -client privilege, do not apply to this engagement. I assume that, to the extent you deem necessary, you have advised your client about these limitations and their ramifications. Additional Information Regarding Investigations. It is possible that I may later be asked to provide information regarding this project to third parties or subpoenaed to testify in a deposition, arbitration in court, or other proceeding and/or to produce my file. If this occurs, all time spent in responding to the request or subpoena, preparing to testify, and testifying is within the scope of the original engagement. Scheduling, particularly for trial, can be unpredictable. Consequently, I charge a minimum of four hours per day if asked to hold a day open for testifying. I will bill the City at my regular hourly rate at the time services are performed and for the associated costs. I recognize that if the City is a party to formal legal proceedings, the City or its trial counsel may be able to recover some expenses from the other party. It is not, however, feasible for me to directly bill and collect these costs from the City's opposing party. 2212 QUEEN ANNE AVE. NORTH • # 158 • SEATTLE, WA • 98109-2312 PHONE: (206) 465-3594 • FAX: (206) 420-8900 rebeccadean@comcast.net — 2 — July 22, 2025 I will not provide information concerning the investigation to third parties without the City's knowledge and consent, and without the City's express consent, will not respond to informal requests for documents. I cannot, however, become involved in disputes between the City and parties to a dispute regarding the scope or enforceability of a subpoena. I will notify the City or its representative of any request for information or documents or the service of a subpoena. With regard to subpoenas, I will give the City and its trial counsel a reasonable opportunity to review the file, assess whether the entire file or a portion of the file should be withheld, and decide whether to interpose objections to a subpoena or move to quash. The City or its counsel may also decide to directly process and respond to the subpoena, and I will provide the City with the original file for that purpose. I will not assert objections or file a motion to quash myself, and unless the City acts to oppose the subpoena, or to process the subpoena response itself, will appear and/or produce the file upon the subpoena return date. You and the City acknowledge and agree that the City's lack of action following notice from me of a subpoena constitutes a waiver of any applicable attorney client privilege. Regarding communications with third parties, I usually send draft reports to a contract proofreader and have recorded interviews transcribed by a contract transcriptionist. All contractors I engage are bound by a strict confidentiality agreement. Additionally, I have engaged an attorney to coordinate disposition of my investigation files in the event of my disability, incapacity, or death. Your agreement to the terms of engagement constitutes your agreement that I may share information about the investigation with them. Check for Conflicts of Interest I have not identified any conflicts of interest. Contact Information Please contact me with any questions that you may have about my work or any other aspect of my services. You can reach me at (206) 465-3594 or by email at rebeccadean@comcast.net. It is my understanding that you will be my primary contact for this investigation, but others may be involved with making interview arrangements and providing records. Because of the nature of this engagement, I will assume that I should not communicate with anyone else concerning the investigation process or results unless you advise me otherwise. Fees My hourly rate is $390. Payment is due upon receipt, and I ordinarily expect payment before month end. If you plan to submit my invoices to the City's insurer for direct payment, please advise them of these terms so that I receive payment in a timely fashion. If you ever have a question about a bill or disagree with an entry, please call me immediately. Other Practices and Procedures The Statement sets forth in more detail certain practices and procedures. Please review it and contact me if you have any questions. If there are any changes that you would like to see, we will need to agree to them in writing. -3— Questions July 22, 2025 Please call me at any time regarding questions you may have about my services, billing practices, or the terms of this engagement. Very truly yours REBECCA DEAN PLLC Rebecca Dean Agreed this�Y day of July, 2025 John Hohman City Manager cc: Kelly Konkright, City Attorney — 4 — July 22, 2025 STATEMENT OF SERVICES & CHARGES This Statement of Services & Charges ("statement") sets forth my standard practices and billing procedures, which will apply to your account unless we have agreed in writing to other arrangements. Please review this statement carefully and contact me promptly if you have any questions. This statement, as modified by my engagement letter and any subsequent written communications, is my contract with you. If you have not received an engagement letter, this statement will be my contract with you. The Scope of Engagement The engagement letter sets forth the scope of my engagement and the nature of the services that I will provide. If there are any significant changes in the future in the scope of this engagement, I will confirm those changes in writing with you. I will at all times endeavor to provide services in accord with professional standards. However, any expressions on my part concerning the outcome of this engagement are expressions of professional judgment and are not guarantees of results. Additionally, my services are subject to rules of professional conduct, are necessarily limited by my knowledge of the facts, and are based on the state of the law at the time I render services. Basis for Fees My fees for a particular matter may be based upon a variety of factors, depending on the nature of the engagement and any special written arrangements you have made. I keep records of the time I spend on your work, which will be reflected on the invoice sent to you. I bill in tenth of an hour increments. Although the majority of the work I perform is based upon the hours expended, we may agree upon alternative fee structures for particular projects. I am often asked to estimate the fees and charges for a particular matter. I will attempt to prepare estimates upon request, although it is often very difficult to make an accurate prediction. Please understand that any estimate I provide is not a maximum or fixed -fee quotation and, absent my express written agreement to the contrary, the ultimate amount due may vary from the estimate. Ancillary Charges You will be charged for certain expenses advanced or incurred in connection with this engagement, including travel expenses (such as air fare, airport parking, transportation, and selected local travel expenses such as mileage or parking charges), and third -party expenses. I do not charge for long distance telephone calls made within the United States, in -office copying or proofreading services. Examples of third -party expenses include transcription costs, copying performed by out -of -office services and shipping charges, outside messenger services and similar costs. For the most part, third party expenses are passed through to you at my cost. With the exception of minor outside service copying and shipping charges, I usually will arrange for direct billing of the third -party expenses to you but will often advance payment on your behalf if the amount is less than $500 and if your account is current. In the alternative, I may request an advance deposit for expenses. I would be pleased to discuss the specifics of my charges and to answer any questions that you may have. — 5 — July 22, 2025 Billing Statements I typically bill for fees and expenses at the completion of a short-term project or on a monthly basis, whichever is earlier. I normally transmit invoices by email. If you prefer another delivery method, please let me know at your earliest convenience. I send montly invoices on the first of the month. Payment is due upon receipt of the invoice. While I understand that a reasonable time is needed for processing invoices, I ordinarily expect payment before month end. Any other billing arrangement must be specifically provided for in writing. Billing for expenses may lag an additional month or more, depending, for example, on how fast third - party vendors billme, on your behalf, for their services. If you disagree with a statement or have questions about your bill, please contact me immediately so I can investigate any issues. I will forward a statement of account to you if you have any outstanding invoices. Delinquent Accounts Like other businesses, I have substantial cash requirements for which I must borrow money if accounts are not paid promptly. I therefore add a late payment charge to accounts not paid within thirty (30) days of the invoice date. The late payment charge is currently assessed at a rate of 1% per month on any unpaid amount. If your account becomes delinquent and you do not arrange satisfactory payment terms, within the bounds of the rules of professional conduct, I reserve the right to cease or suspend work on your behalf and, if applicable, to withdraw from the engagement and to pursue collection of the account. Standard Purchase Order Terms & Procurement Processes It may be that you have a procurement process for services, which may involve a purchase order containing standardized terms. The engagement letter and this statement control over any such terms. Please note that I cannot agree to any terms which are not disclosed in advance, and submission of invoices does not indicate my acquiescence in such provisions. In particular, some purchase orders include insurance requirements and indemnity and defense agreements. With regard to insurance, I maintain professional liability and commercial general insurance commensurate with the risks associated with my practice. If you have any questions about my coverage, I would be happy to answer them. Unless we agree otherwise, I assume that my current coverage is sufficient. Please note that I cannot consent to an indemnity or defense agreement. Files and Termination of Services You may terminate my services at any time, with or without cause, by notifying me. I reserve the right to cease performing services and to terminate this engagement for any reason consistent with the applicable ethics rules. Termination of my services will not affect your responsibility for payment of fees for my services and ancillary charges for third party services rendered before termination. During this engagement, you may provide me with original documents or property. Upon termination of the engagement, I will return original papers and any property you provided to me. I reserve the right, where permitted by applicable ethics rules, to retain my work product to the extent it has not been paid for. I will retain my investigation file for an appropriate time. In that regard, I currently plan to retire and close my investigation practice between 2024 and 2026. I will retain your file until I retire. At that •> — 6 — July 22, 2025 time, I will transfer the original file to you or, if you desire, destroy the file. If I die or become incapacitated or disabled before I retire, however, my agreement to retain the file ends, and the attorney I have engaged to assist by coordinating disposition of my investigation files will contact you to arrange transfer of the file to you or obtain your permission to destroy the file. In circumstances where I perform isolated services for you or when I have not performed services for you for a long time, it is my policy that the engagement will be considered terminated upon completion of the services that you retained me to perform. If you later retain me to perform further or additional services, we will need to enter into a new engagement. Avoiding Problems with Insurance There are no third -party beneficiaries of my services. It may be that some or all of my bills are covered by insurance. You agree to notify me in writing of any insurance arrangements and, if necessary for me to communicate with it, to supply the name and address of the insurer. It is your responsibility to determine whether your insurer has any procedures or other requirements that would apply to this engagement and advise me of any such requirements. Please let me know if you wish me to send invoices directly to your insurer. I will do so upon request, but you remain responsible for any fees and charges that your insurer may refuse to pay. Questions I strive to provide services in an effective and efficient manner and want all billings to be accurate and understandable. Please contact me if you have any questions. Thank you, again, for this opportunity. RFRFnFA-n1 ARROWNIF ACORO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)7/24/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER C NTACT PHONE No, Et): 425 489-4500 FAx ) 485-8489 ( ) (A/c, NoI:(425 Hub International Northwest LLC PO Box 3018 Bothell, WA 98041 Bothell, EMAIL now.info@hubintemational.com INSURE S AFFORDING COVERAGE NAIC # INSURER A: Continental Casualty Company 20443 INSURED INSURER B : INSURERC: Rebecca Dean PLLC INSURER D : 2212 Queen Anne Avenue N #158 INSURER E Seattle, WA 98109-2312 INSURER F : rnvCoArrre CERTIFICATE MI IMRFR• RFVISION NIIMRFR' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRCOMMERCIAL TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ TO RENTED PREMISES $ MED EXP (Any oneperson) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ j�T LOC OTHER: GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOSONLY AUTOS SSWN AUTOS ONLY AUOTOS 0 � EO OMCBIen SINGLE LIMIT $ BODILY INJURY Perperson) $ BODILY INJURY Per accident $ (%OacEc,d AMAGE $ UMBRELLA LIAB EXCESS LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ DIED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ Mandatory In NH) EXCLUDED? If yes, describe under DESCRIPTION OF OPERATIONS below N/A TH- PER UTE OER E.L. EACH ACCIDENT $ E.L. DISEASE . EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT A A Lawyers Prof Liab Lawyers Prof Liab 2087195132 2087195132 1/1/2025 1/1/2025 1/1/2026 1/1/2026 Each Claim Aggregate 2,000,000 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Spokane Valley 10210 East Sprague Avenue Spokane, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORN® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `" 07/24/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Gary Warner Insurance Agency CONTACT Marla Porter PHONE FAX A/c No ; (818)706-8625 A/c No: (818)706-8608 5008 Chesebro Road Ste 120 E-MAIL ADDRESS: twinser@garywarneragency.com Agoura Hills, CA 91301 License #: OD48084 INSURERS AFFORDING COVERAGE NAIC # INSURERA: RLI Insurance Co. INSURED Rebecca Dean PLLC INSURER B : 2212 Queen Anne Avenue North INSURERC: Box 158 INSURER D : Seattle, WA 98109 INSURERE: INSURER F : COVFRAGFS CERTIFICATE NUMBER: 00003633-250724134837 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD ADDLSUER POLICY NUMBER MM DDPOLICY /YYYY MM/DDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO PREMISES EaENTEoccuence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ POLICY El PRO- ❑ LOC JECT $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ER STATH UTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N / A E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below A Prof Liability Y RTP0047364 06/06/2025 06/06/zo2s Each Claim $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the insured's operations. If required by written contract, Certificate Holder is named as an Additional Insured but only insofar as the wrongful acts of the Named Insured. r"cDTICIr'ArC Wr)l nt=D CANCFI I.ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 10210 East Sprague Ave AUTHORIZED REPRESENTATIVE Spokane Valley, WA 99206 (MP1) © 1988-2015 ACORD CORPORATION. All rights reservea. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by MP1 on 07/24/2025 at 01:52PM