FRANK T. MARTINEZ :•ITV OF Los ANGELe.4' Office of the City Clerk CALIFORNIA CITY CLERK Council and Public Services KAREN E. KALFAYAN Room 395, City Hall · Executh·e Officer Los Angeles, CA 90012 Council File Information - (213) 978-1043 General Information - (213) 978-1133 When making inquiries Fax: (213) 978-1040 relati\'e to this matter refer to File No. HELEN GINSBURG JAMES K. HAHN Chief, Council and Public Senices Division MAYOR 01-2163 PLACE IN FILES JUN 1 0 2005 June 9, 2005 DEPUTY o/
City Administrative Officer Controller, Room 300 Attn: City Attorney Analyst Accounting Division, F&A Liability Claims/Budget Group Disbursement Division Room 1260, CHE Office of Finance City Attorney, Treasurer cc: Jennifer Krieger Councilmember Miscikowski cc: Business Office Councilmember Cardenas cc: Budget & Finance Division Los Angeles Police Department
RE: SETTLEMENT OF CASE ENTITLED NATIONAL LAWYERS GUILD, ET AL., V. CITY OF LOS ANGELES, ET AL., UNITED STATES DISTRICT COURT CASE NO. CV 01-06877 FMC (CWX)
At the meeting of the Council held May 25, 2005, the following action was taken:
Attached report adopted ...... ______Attached motion (Miscikowski - Cardenas) adopted in open session ...... ····~~~~X=----~~- Attached resolution adopted ...... ______Ordinance adopted ...... ·~~~~~~- Motion adopted to approve attached report ...... ______Motion adopted to approve attached communication ...... ····~~~~~~- To the Mayor FORTHWITH ...... ____;.x=----- Mayor concurred ...... ·~--'6=-----=-0-=l'----'0::....:5:::;....__ Findings adopted ...... ______Generally exempt ...... ______Agreement mentioned therein is/are No. of contracts ...... ·~~~~~~-
City Clerk dng
AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER • - City Mc:W°cffe s Q!Fil1\RE f}~1t1VJo R RtCEIVEO · 2005 MAY 27 AM 8: SO
CIT y OF LOS ANGELES FORTHWITH 0 rn -0 C ~
SUBJECT TO MAYOR'S APPROVAL
COUNCIL FILE NO. 01-2163 COUNCIL DISTRICT NO.
COUNCIL APPROVAL DATE MAY 25, 2005
RE: SETTLEMENT IN THE CASE ENTITLED NATIONAL LAWYERS GUILD, ET AL., V. CITY
OF LOS ANGELES, ET AL., UNITED STATES DISTRICT COURT CASE NO. CV 01-
06877 FMC (CWx)
JUN O6 2005 LAST DAY FOR MAYOR TO ACT (10 Day Charter requirement as per Charter Section 341)
TE BELOW THIS LINE - FOR MAYOR OFFICE USE ONLY
*DISAPPROVED
*Transmit objections in writing pursuant to Chall$er Section 341 :-< ~ ~ f"? JUN 1 2005 Q ~ ~ DATE OF MAYOR APPROVAL OR DISAPPROVAL o :;! £ii P=o I r n r·n 1'J :.:0 C) ;~rr, :i er3~ -F:: :not9 0 :0 ·~. \A F;?' MAY JUN O7 2005 steno/012163 ~\L--f§ e·
CF 01-2163
May 25, 2005
MEMORANDUM TO FILE
The City Council held a Closed Session on Wednesday, May 25, 2005, pursuant to authority provided in California Government Code Section 54956. 9( a), to confer with its legal counsel relative to case entitled National Lawyers Guild, et al., v. City of Los Angeles. et al., United States District Court Case No. CV 01-06877 FMC (CWx). (Plaintiff alleges a violation of civil rights and false arrest by the Los Angeles Police Department; Budget and Finance Committee the above matter on May 24, 2005).
The purpose of this memorandum is to note for the record that following discussion of the above matter in Closed Session, the City Council adopted the Motion (Miscikowski - Cardenas) in Open Session and instructed the City Clerk to transmit the file to the Mayor forthwith.
~ tzb~~{ ...... co __c_ MARIA KOSTRENCICH Council Clerk
Attachment
O:\Docs\Council Agendas\mk\01-2163b.mem. wpd - VERBAL MOTION
I HEREBY MOVE that Council ADOPT the following recommendations of the City Attorney in order to effect settlement in the case entitled National Lawyers Guild, et al., v. City of Los Angeles, et al., United States District Court Case No. CV 01-06877 FMC (CWx). (Plaintiff alleges a violation of civil rights and false arrest by the Los Angeles Police Department.), SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the City Attorney to expend $705,000 in settlement of the case entitled National Lawyers Guild, et al., v. City of Los Angeles. et al., United States District Court Case No. CV 01-06877 FMC (Cwx), from the Liability Claims Account No. 9770, Fund 100, Department 59.
2. AUTHORIZE the City Attorney to draw a demand thereon in said amount and made payable as follows:
a. $250,000 to NABCO Assignments Ltd. to fund periodic payments for the benefit of Carol A. Sobel, the lead counsel for plaintiffs.
b. $455,000 to the Law Offices of Carol A. Sobel Client Trust Account.
This matter was approved by the Budget and Finance Committee (Miscikowski - Cardenas - Garcetti "yes;n Smith "non) at its meeting of May 24, 2005, in Closed Session as permitted by Government Code Section 54956.9(a).
PRESENTED BY ------CINDY MISCIKOWSKI Councilmember, 11th District
SECONDED BY~.~~~~~------~~~- TONY CARDENAS Councilmember, 6th District
. (\,\.,~ May 25, 2005 ADOPTED CF 01-2163 MAY 2 5 2005 .:--- 0~ ~~~ LOS ANGELES CITY COUNCIL
TO THE :MAYOR FORTHWnll
O:\Docs\Council Agendas\mk\01-2163b.mot. wpd
MAYOR WITH FILE •
COUNCIL VOTE
May 25, 2005 11:43:39 AM, #20
ITEM NO. (1) Voting on Item(s): 1 Roll Call
CARDENAS Yes GARCETTI Yes GREUEL Yes HAHN Yes LABONGE Absent LUDLOW Yes MISCIKOWSKI Yes PARKS Absent PERRY Yes REYES Absent SMITH No VILLARAIGOSA Yes WEISS Yes ZINE No *PADILLA Yes Present: 12, Yes: 10 No: 2 • Los Angeles City Council Agenda, Special Council Meeting Wednesday, May 25, 2005 John Ferraro Council Chamber, Room 340, City Hall - 10:30 am
--- SPECIAL COUNCIL MEETING ---
10:30 a.m. or as soon thereafter as the Council Recesses its Regular Meeting
ROLL CALL
Closed Sessions - Items 1-6 IJ.EM:NQ:--c- (1) -.MEETING- HELD--- - MOTION-·--- ADOPTED__ IN ... ____ OPEN SESSION--·
The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to settlement in case entitled National Lawyers Guild. et al.. v. City of Los Angeles. et al., United States District Court (USDC) Case No. CV 01-06877 FMC (CWx). (Plaintiff alleges a violation of civil rights and false arrest by the Los Angeles Police Department.)
(Budget and Finance Committee considered the above matter in Closed Session on May 24, 2005)
ITEM NO. (2) - MEETING HELD - MOTION ADOPTED IN OPEN SESSION
05-0990 The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to settlement in case entitled Shearwood Fleming v. City of Los Angeles. et al., Los Angeles Superior Court (LASC) Case No. BC 173269. (Plaintiff alleges a violation of civil rights and false arrest by the Los Angeles Police Department.)
(Budget and Finance Committee considered the above matter in Closed Session on May 24. 2005)
WEDNESDAY 05-25-05 PAGE3 - BUDGET AND• FINANCE COMMITTEE, CORRECTED AGENDA
TUESDAY, MAY 24, 2005
ROOM 1010, CITY HALL- 3 PM 200 NORTH SPRING STREET, LOS ANGELES, CA 90012
MEMBERS: COUNCILMEMBER BERNARD C. PARKS, CHAIR COUNCILMEMBER CINDY MISCIKOWSKI COUNCILMEMBER TONY CARDENAS COUNCILMEMBER GREIG SMITH COUNCILMEMBER ERIC GARCETTI
(Lauraine Braithwaite - Legislative Assistant - 213-978-1075 or email - [email protected])
Note: For information regarding the Committee and its operations, please contact the Committee Legislative Assistant at the phone number and/or email address listed above. The Legislative Assistant may answer questions, provide materials, and provide notice of matters scheduled before the City Council. Assistive listening devices are available at the meeting; upon 72 hour advance notice, other accommodations, such as sign language interpretation, and translation services will be provided. Contact the Legislative Assistant listed above forthe needed services. TDD available at (213) 978-1055.
FILE NO. SUBJECT
CLOSED SESSION
(THE COMMITTEE WILL GO INTO EXECUTIVE SESSION ON ITEMS 1 - 12)
City Attorney requests Closed Session pursuantto Government Code Sections 54956.9( a) and/or (b) to allow the Committee to confer with its legal counsel on the following matters:
01-2163 GD City Attorney report relative to settlement in the case entitled National Lawyers Guild. et al.. v. City of Los Angeles. et al., United States District Court (USDC) Case No. CV 01-06877 FMC (CWx). (Plaintiff alleges a violation of civil rights and false arrest by the Los Angeles Police Department.)
DISPOSITION ___-'------
(2) 05-0990 City Attorney report relative to settlement in the case entitled Shearwood Fleming v. City of Los Angeles. et al., Los Angeles Superior Court (LASC) Case No. BC 173269. (Plaintiff alleges a violation of civil rights and false arrest by the Los Angeles Police Department.)
DISPOSITION ______
Budget and Finance Committee, Corrected Agenda Tuesday - May 24, 2005 Page 1 • Item No.: / (o CITY OF LOS ANGELES • CLAIMS BOARD RECOMMENDATION OF THE CLAIMS BOARD FOR CONSIDERATION BY THE CITY COUNCIL
The·Honorable City Council of the City of Los Angeles Room 395, City Hall 200 North Spring Street Los Angeles, CA 90012
Honorable Members:
At its meeting of ~ q ,2005, the Clainis Board of
the City of Los Angeles considered Report No. (3(15;-0/ fo 3 of the City Attorney
in the matter of: • · Yl c..lI,n.,., l -Jo,,,..,1 ~ G' u..J__J ' v C.vt\ · and voted () -0 ) that your Honorable Body~eject) the City Attorney's
recommendation.
Other action: ------
Claims Board, City of Los Angeles
cc: City Attorney -· 177247 Jr-()5-()1A3 REPORT NO. MAY O 5 2005
OFFICE OF THE CITY ATTORNEY ROCKARD J. DELGADILLO CITY ATTORNEY
REQUEST FOR CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
REPORT RE:
SETTLEMENT DISCUSSION
NATIONAL LAWYERS GUILD, ET AL. v. CITY OF LOS ANGELES, ET AL UNITED STATES DISTRICT COURT CASE NO. CVOl-06877 FMC(CWx)
The Honorable City Council City of Los Angeles Room 395, City Hall Los Angeles, California 90012
(Re: No Claim Filed) Honorable Members:
Pursuant to California Government Code Section 54956.9(a), the City Attorney's Office wishes to meet in closed session to discuss settlement in the above-referenced case. We ask that this matter be placed on the closed session agendas of the Claims Board, the Budget and Finance Committee, and the City Council as soon as practicable.
This lawsuit arises out of an incident in which plaintiff alleges a violation of civil rights and false arrest by the Los Angeles Police Department.
Sincerely,
ROCK.ARD J. DELGADILLO, City Attorney '} a. l!--- B y ~ Qf:~UA B,l.-T'ERREE "A:: BOWERS GhiefDeputy.,1City Attorney t;LL/, , ,· r.:.i..;.r, TB:jaw:ma cc: Executive Director, Board of Police Commissioners President, Board of Police Commissioners ·~ilii !!V ). - '2 bH {\: QI William Bratton, Chiefof Police B'U QGET AN-D f lNANCE Commanding Officer, Consent Decree Bureau i'i i 1 _ .,_ ': Commander and Lieutenant, Risk Management Group •. t .... AN EQUAL EMPLOYMENT OPPORTUNITY -AFFIRMATIVE ACTION EMPLOYER 200 NORTH MAIN STREET. LOS ANGELES, CA 90012-4131 • 213.978.8100. 213.978.8310 n:MAY 6 2005 RECENED CtTY CiERl<'S OFFICE
2ID5 MAY - 5 PH Q: 0 I CITY CLERK ~
--,-·' .. J. MICHAEL CAREY ,.TY OF Los ANGELEll(J Office of the City Clerk CALIFORNIA CITY CLERK Council and Public Services FRANK T. MARTINEZ Room 395, City Hall Executive Officer Los Angeles, CA 90012 Council File Information - (213) 978-1043 General Information - (213) 978-1133 When making inquiries Fax: (213) 978-1040 relative to this matter refer to File No. HELEN GINSBURG JAMES K. HAHN Chief, Council and Public Services Division MAYOR 01-2163
PLACE \N FILES
March 10, 2004 H-1':> ii Flr',1~ 2 2004 a/() DEPUTY City Administrative Officer Controller, Room 300 Attn: City Attorney Analyst Accounting Division, F&A Liability Claims/Budget Group Disbursement Division Room 1260, CHE Office of Finance City Attorney, Treasurer cc: Jennifer Krieger Councilmember Miscikowski cc: Business Office Councilmember Garcetti cc: Budget & Finance Division
RE: SETTLEMENT OF CASE ENTITLED JULIET MUSSO V. CITY OF LOS ANGELES, ET AL., LOS ANGELES SUPERIOR COURT CASE NO. BC 249462, AND JONATHAN M. ARTHUR, ET AL., V. CITY OF LOS ANGELES, ET AL., LOS ANGELES SUPERIOR COURT CASE NO. BC 261577
At the meeting of the Council held FEBRUARY 25, 2004, the following action was taken:
Attached motion (Miscikowski - Garcetti) adopted in Open Session.__ ~X=---- Ordinance adopted ...... ______To the Mayor FORTHWITH ...... ·--~X=---- Findings adopted ...... ______Mayor concurred ...... 03/04/04 Generally exempt ...... ______
City Clerk vdw steno\012163
a;::r_ AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER Recyclable aro made from recycled waste. {h""f} r.- ,
• F:b,-,....E..., _I .. \j 'E'[' ,) ITY () r.:f:)l('C)_, (')i:Fir'E C '·~!..--..j \ I_ ...._,I ,v Mayor's Time Stamp City Clerk's Time Stamp 2ffitl FEB ?. 7 PM 3: 25 RECEIVED FORTHWITH CITY CLEF-ii< ·04 FEB 27 P3 :28 BY______DEPUTY DEPUTY MA Y01''
SUBJECT TO MAYOR'S APPROVAL
COUNCIL FILE NO. 01-2163 COUNCIL DISTRICT NO.
COUNCIL APPROVAL DATE FEBRUARY 25, 2004
RE: SETTLEMENT IN THE CASE ENTITLED JULIET MUSSO V. CITY OF LOS ANGELES,
ET AL., LOS ANGELES SUPERIOR COURT CASE NO. BC 249462, AND JONATHAN M.
ARTHUR, ET AL., V. CITY OF LOS ANGELES, ET AL., LOS ANGELES SUPERIOR ~ "" C) I 8 -- COURT CASE NO. BC 261577 1 0 ..:::, -) ~ ~ ~;-o -< r-nf-'n I c;-, C) I VI [_lJ IAR O 8 2004 . P ~ D I fn J> U) 1-:f=j ml :0 ~ OCJ LAST DAY FOR MAYOR TO ACT -0 ~ - --Y-1 (10 Day Charter requirement as per Charter Section.341) -,C C)" DO NOT WRITE BELOW THIS LINE - FOR MAYOR OFFICE USE ONLY
AP PRO~ *DISAPPROVED
*Transmit objections in writing pursuant to Charter Section 341
DATE OF MAYOR APPROVAL OR DISAPPROVAL ~M-~_R~0_-4_·2_Q=,U.__
MAR 1 o 2004 ---~.
steno/012163 • •
CF 01-2163
February 25, 2004
MEMORANDUM TO FILE
The City Council held a Closed Session on Wednesday, February 25, 2004, pursuant to authority provided in California Government Code Section 54956.9(a), to confer with its legal counsel relative to settlement in case entitled Juliet Musso v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC 249462, and Jonathan M. Arthur, et al., v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC 261577. (Plaintiffs allege a violation of civil rights and false arrest by the Los Angeles Police Department; Budget and Finance Committee considered the above matter on February 10, 2004). ·
The purpose of this memorandum is to note for the record that following discussion of the above matter in Closed Session, the City Council adopted the Motion (Miscikowski - Garcetti) in Open Session and instructed the City Clerk to transmit the file to the Mayor forthwith.
~~\e:,.;,.a MARIA KOSTRENCICH Council Clerk
Attachment
O:\Docs\Council Agendas\mk\01-2163a.mem.wpd • • VERBAL MOTION
I HEREBY MOVE that Council ADOPT the following recommendations of the City Attorney in order to effect settlement in the cases entitled Juliet Musso v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC249462, and Jonathan M. Arthur, etal., v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC 261577. (Plaintiffs allege a violation of civil rights and false arrest by the Los Angeles Police Department), SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the City Attorney .to expend $875,000 in settlement of the cases entitled Juliet Musso v. City of Los Angeles. et al., Los Angeles Superior Court Case No. BC 249462, and Jonathan M. Arthur, et al., v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC 261577, from Liability Claims Account No. 9770, Fund 100, Department 59.
2. AUTHORIZE the City Attorney to draw demands thereon and payable as follows:
a. $750,000 payable to Carol Watson, in trust for plaintiffs in case numbers BC 249462 and BC 261577.
b. $125,000 payable to NABCO Assignment Company, for attorney fees.
This matter was approved by the Budget and Finance Committee (Miscikowski - Garcetti "yes"; Smith "no"; Parks recused himself) at its meeting of February 10, 2004, in Closed Session as permitted by Government Code Section 54956.9(a).
PRESENTED BY______CINDY MISCIKOWSKI Councilmember, 11th District
SECONDED BY______ERIC GARCETTI Councilmember, 13th District
V\\o~ ADOPTED February 25, 2004 FEB 2 5 2004 CF 01-2163 v-v-. 0 ~ Se_ 5-ts'\ i)Vl LOS ANGELES Cln COUNCIL
TQ THE MAYOR FORTHWITQ
O:\Docs\Council Agendas\mk\01-2163a.mot.wpd
MAYOR WITH FlLE -- 34) •
COUNCIL VOTE
Feb 25, 2004 1:04:33 PM, #21
ITEM NO . ( 3 5) Voting on Item(s): 35 Roll Call •
CARDENAS Yes GARCETTI Yes GREUEL Absent HAHN Yes LABONGE Yes LUDLOW Absent MISCIKOWSKI Yes PARKS Absent PERRY Yes REYES Yes SMITH ~,-JO VILLARAIGOSA Yes WEISS Yes ZINE Absent *PADILLA Present: 11, Yes:~:~ p \ • • Items Called Special
Motions for Posting and Referral
Councilmembers' Requests for Excuse from Attendance at Council Meetings
Closed Sessions - Items 35-41 c!:T:EM-Nf); .. (;!§,).::.:.:M.EET-IN.G:HEt.:D:=:MO:Y:ION:-ADOP-.TED:IN:OP-EN:SESSIONl c0,1:.2t6"3~- The City Council shall re·cess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to settlement in the cases entitled Juliet Musso v. City of Los Angeles. et al., Los Angeles Superior Court Case No. BC 249462, and Jonathan M. Arthur. et al.. v. City of Los Angeles. et al., Los Angeles Superior Court Case No. BC 261577. (Plaintiffs allege a violation of civil rights and false arrest by the Los Angeles Police Department.)
(Budget and Finance Committee considered the above matter in Closed Session on February 10, 2004)
(Continued from Council meeting of February 18, 2004)
ITEM NO. (36) - MEETING HELD - MOTION ADOPTED IN OPEN SESSION
02-0733 - The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to settlement in the case entitled GuillermoPlascencia v. City of Los Angeles. et al., United States District Court Case No. CV 97-5293 WMB. (Plaintiff alleges violation of civil rights)
(Budget and Finance Committee considered the above matter in Closed Session on February 17, 2004)
ITEM NO .. (37) - MEETING HELD - MOTION ADOPTED IN OPEN SESSION
03-1717 - The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a), to conferwith its legal counsel relative to settlement in the case entitledJose Villalpando et al.. v. City of Los Angeles, Los Angeles Superior Court Case No. BC 271402. (This matter arises out of an incident at the Ross Snyder Recreational Center when a ten year old boy was struck in the left eye by a. bottle rocket.)
(Budget and Finance Committee considered the above matter in Closed Session on February 17, 2004)
WEDNESDAY 02-25-04 PAGE21 ,. • (3)· • 01-0976- City Attorney report relative to the case entitled M. Quintana v. City of Los S36 Angeles. et al., USDC Case No. CV 00-07166 (Consolidated with CV 00- 07167 and CV 00-08174) (These actions arise out ofthree different arrests of plaintiff by Los Angeles Police Department.officers.)
DISPOSITION ______
(4) City Attorney report relative to settlement in the cases entitled Juliet Musso v. City of Los Angeles, et al., Los Angeles Superior Court (LASC) Case No. BC 249462, and Johathan M. Arthur. et al.. v. City of Los Angeles. et-al., LASC Case No.·BC 261577. (Plaintiffs allege a violation of civil rights and false arrest by the Los Angeles Police Department.) - DISPOSITION ------(5) . 04-0164 City Attorney report relative to settlement in the case entitled Michael Jackson v. City of Los ·Angeles, Workers' Compensation Appeals Board (WCAB) Case No. VN0341591; Case No. 9002-1965-3811. (Plaintiff alleges he sustained personal injuries during the course and scope of his employment with the Los Angeles Police Department.)
DISPOSITION ______
(6) 04-0185 City Attorney report relative to settlement in the case entitled Louis Silver v. City of Los Angeles, WCAB Case No. 9001-2000-0107. (Plaintiff alleges he sustained personal injuries during the course and scope of his employment as ·an Equipment Operator with the Department of Public Works Street Services.) ·
DISPOSITION _____~------
( 7) 03-0153 City Attorney to report relative to the status of settlement discussions in the consolidated litigation matters entitled Santa Monica Baykeeper et al., v. City of Los Angeles, Case No. 98-9039 RSWL, and United States et al., v. City of Los Angeles, Case No. 01-191 RSWL. (Environmental Quality and Waste Management Committee considered this matter at its meeting of February 4, 2004)
DISPOSITION ------
Budget and Finance Committee Tuesday- February 10, 2004 Page2 e· .,., •• BUDGET-AND FINANCE COMMITIEE
TUESDAY, FEBRUARY 10, 2004
ROOM 1010, CITY HALL - 3 PM 200 N_. SPRING ST., LOS ANGELES, CA 90012
MEMBERS: COUNCILMEMBER BERNARD C. PARKS, CHAIR COUNCILMEMBER CINDY MISCIKOWSKI COUNCILMEMBER TONY CARDENAS . .COUNCILMEMBER GREIG SMITH COUNCILMEMBER ERIC GARCETII
(Lauraine Braithwaite - Legislative Assistant - 213-978-1075 or email - [email protected]~lacity.org)
Note: Assistive listening devices are available .at the meeting;· upon 72 hour advance notice. other accommodations, such as. sign language interpretation. and translation services will be provided .. Contact the. Legislative Assistant listed above for the needed services. TDD available at (213) 978-1055.
FILE NO. SUBJECT
*************************** Closed Session
City Attorney requests Closed Session pursuant to Government Code. Sections 54956.9(a) and/or (b) to allow the Committee to confer with its legal counsel on the following matters:
(1) 04-0163 City Attorney report relative to settlement in the case entitled Miguel Crespo v. City of Los Angeles. et al., United States District Court (USDC) Case No. CV 03-05371. (This action arises out of the arrest of plaintiff by Los Angeles Police Department officers.) DISPOSITiON ------(2) 01-0976- · City Attorney report relative to settlement in the case entitled Oscar LaFarga S35 v. City of Los Angeles. et al., USDC Case No. CV 00-07382. (This action arises out of the arrest of plaintiff by Los Angeles Police Department officers.)
DISPOSITION ______
Budget and Finance Committee Tuesday- February 10, 2004 Page 1 • Item No.: ..3.. · CITY OF LOS ANGELES CLAIMS BOARD
RECOMMENDATION OF THE CLAIMS BOARD FOR CONSIDERATION BY THE CITY COUNCIL
T~e Honorable City Council of the City of Los Angeles Room 395, City Hall 200 North Spring Street Los Angeles, CA 90012
Honorable Members:
At its meeting of_£___~~~-· -+l-9...... _ ___, 2004, the Claims Board of the City of Los Angeles considered Report No. ffl)lj-~ of the City Attorney in the matter of:
3'~ ~o\J-C':tJ:;;-\ and voted ( ) that your Honorable Bod_~ect) the City Attorney's recommendation. Other action:/------.,------~--
Claims Board, City of Los Angeles
By.~ cc: City Attorney 177247 •
c.OJ~-2~1i63~The City Council shall recess to Closed Session,· pursuant to Government Code Section 54956. 9(a), to confer with its legal counsel relative to settlement in the cases entitled Juliet Musso v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC 249462, and Jonathan M. Arthur, et al., v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC 261577. (Plaintiffs allege a violation of civil rights and false arrest by the Los Angeles Police Department.)
(Budget and Finance Committee considered the above matter in Closed Session on February 10, 2004)
ITEM NO. (39)- MEETING HELD - MOTION ADOPTED IN OPEN SESSION
04-0166- The City Council shall recess to Closed Session, pursuant to Government Code ·section 54956.9(a), to confer with its legal counsel relative. to settlement in the case entitled Miguel Crespo v. City of Los Angeles, et al., United States District Court Case No. CV 03- 05371. (This action arises out of the arrest of plaintiff by Los Angeles Police Department officers.)
(Budget and Finance Committee considered the above matter in Closed Session on February 10, 2004)
• I 1: I, ITEM NO. (40)- MEETING HELD- MOTION ADOPTED IN OPEN SESSION
04-0164- The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to settlement in the case entitled Michael Jackson v. City of Los Angeles, Workers' CompensationAppeals Board Case No. VN0341591; Claim No. 9002-1965-3811. (Plaintiff alleges he sustained personal injuries ,, • • 1 •I , • , .1; , , , •,: during the course and scope of his employmentI with the Los ,,Angeles Police Department.) ! " • 1 1 I (Budget and Finance Committee considered the above matter in Closed Session on ' t 11> • February 10 2004) '' · ' · , 1' • • ! ' I I I .jd r , 1 1 ' ' I ' I ' < -:- - ~ -- ~ ..-- ...... -.~ - ~~~ ,1.,-,l.~ ·~>+·-· • • • ' 1 •• 1 ,4 ...... r . r·""1 ""p• ;r ' I I I" -ff '1'TT''· "1"'f"'""' ...... • ~· - 1 , l ! ' , ' , I .,1 1 I 1 11 I'1(: I 1 ' ' I 1 1 ITEM NO. (41 )- MEETING HELD- MOTION.~~OPTED ,IN OPE~ ~ESSION, : I· : , , - , ,I, I' , !· • I , ' . . I J IJ •I l 'i. ;, ' •' "I 1;1 ' j '
04-0185 - The City Council shall recess to Closed Session; pursuant1 to Government Code Section ' I·' l l' i'I··' I 11 '1•'·. ' • 'ii . . 1,1 ' 54956.9(a), to conferwith. its legal counsel reh:1tive to settlement inthe case entitled Louis , . ., ,iu · , ,, 11, , ,. • ., . , Silver v. City of Los Angeles, Workers' Compensation1 Appeals Board Case No. VN0420496; Claim No. 9001-2000-0107. (Piaintiffalleges he sustained personal injuries during the course and scope of his employment as an Equipment Operator with the Department of Public Works Bureau of Street Services.)
(Budget and Finance Committee considered the above matter in Closed Session on February 10, 2004)
WEDNESDAY 02-18-04 PAGE 24 :.\(;' - • R04-0028 REPORT NO. ---- JAN 2 6 2004 OFFICE OF THE CITY ATTORNEY ROCKARD J. DELGADILLO CITY ATTORNEY REQUEST FOR CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
REPORT RE:
SETTLEMENT DISCUSSION
'JULIET MUSSO V. CITY OF LOS ANGELES, ET AL. ~ SUPERIOR COURT CASE NO. BC249462 -\ 0 JONATHAN M. ARTHUR, ET AL. VS. CITY OF LOS ANGELES, ET A-"€.-.c:.-~ . SUPERIOR COURT CASE NO. BC261577 ' The Honorable City Council City of Los Angeles Room 395, City Hall Los Angeles, CA 90012 , (RE: CLAIM NO. COl-1589) (Recusal: Councilman Bernard Parks) Honorable· Members:
Pursuant to California Government Code Section 54956.9(a), the City Attorney's Office wishes to meet in closed session to discuss settlement in the above-referenced cases. We ask that these matters be placed on the closed session agenda of the Claims Board for February 2, 2004, and the Budget and Finance Committee and City Council's closed session agendas as soon thereafter as practicable.
These lawsuits arise out of incidents in which plaintiffs allege a violation of civil rights and false arrest by the Los Angeles Police Department.
Sincerely,
ROCK.ARD J. DELGADILLO, City Attorney
By~~ TERREE BOWERS Chief Deputy City Attorney TB:MI:cc #215449-1 cc: Executive Director, Los Angeles Police Commission William Bratton, Chief of Police Director, Office of Human Resources Captain & Lieutenant, Risk Management Division FEB 4 - 2.004 AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER 200 NORTH MAIN STREET• LOS ANGELES, CA 90012-4131 • 213.485.5408 • 213.847.8082 TDD [JQ, Recyclable ar
November 1, 2002
City Administrative Officer Councilmember Miscikowski Attn: City Attorney Analyst Councilmember Garcetti Liability Claims/Budget Group Room 1260, CHE City Attorney, cc: Jennifer Krieger PLACE IN FILES cc: Business Office Controller, Room 1200, NOV - 5 2002 tjj/ Accounting Division, F&A DEPUTY (} Disbursement Division Office of Finance Treasurer
RE: SETTLEMENT OF CASE ENTITLED MELISSA SCHNEIDER V. CITY OF LOS ANGELES, ET AL., UNITED STATES DISTRICT COURT CASE NO. BC247618
At the meeting of the Council held October 22, 2002 the following action was taken:
Attached report adopted ...... ______Attached motion (Miscikowski - Garcetti) adopted in Open Session ...... ·~~~~X~~~ Motion adopted to approve attached communication ...... ·~~~~~~- To the Mayor for concurrence ...... ···~~~~~~- To the Mayor FORTHWITH ...... ··------=-X=----- Mayor concurred ...... ·-~1~0_-~3~0~--0~2=- Findings adopted ...... ______Generally exempt ...... ______Agreement mentioned therein is/are No. of contracts ...... ··~~~~~~~
City Clerk me
steno\012163
~ AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER Recydable and made trom recycied wa~e. ~"f) RECEIVED _[',~ ('J r-•r,l.(H'l__c:,r:10r:... Mayor's Time Stamp • Ci t}V t.:ller'k'irs::.:·1:.ifme-,i.stamp 20JZ OCT 23 PM 2= 19 /.• FORTHWITH CITY C\_ERK
BY----=DEPUTY
SUBJECT TO THE MAYOR'S APPROVAL
COUNCIL FILE NO. 01-2163 COUNCIL DISTRICT NO.
COUNCIL APPROVAL DATE October 22, 2002
RE: SETTLEMENT IN CASE ENTITLED MELISSA SCHNEIDER V. CITY OF LOS ANGELES, ET AL., . UNITED STATES DISTRICT COURT CASE NO. BC 247618
LAST DAY FOR MAYOR TO ACT NOV O4 2R9' (10 Day Charter requirement as per Charter SectiJ¥
DO NOT WRITE BELOW THIS LINE - FOR MAYOR OFFICE USE ONLY
*DISAPPROVED
*Transmit objections in writing pursuant to Charter Section 341
OCT 3 0 2002 DATE OF MAYOR APPROVAL OR DISAPPROVAL ,. . 1.~~ &)J\d::J) ---->-8
' 1H-13l'.J.... , ),_\_\~
MAYOR steno\01216 • •/"
CF 01-2163
October 22, 2002
MEMORANDUM T 0 F I L E
The City Council held a Closed Session on Tuesday, October 22, 2002, pursuant to authority provided in California Government Code Section 54956.9(a) to confer with its legal counsel with respect to the case entitled Melissa Schneider v. City of Los Angeles, et al., United States District Cour~ Case No. BC 247618. (Case arises out of events during the time that the Democratic National Convention was held in Los Angeles.)
The purpose of this memorandum is to note for the record that following discussion of the above matter in Closed Session, the City Council adopted the Motion (Miscikowski - Garcetti) in Open Session and instructed the City Clerk to transmit the file to the Mayor forthwith. /~ KONRAD CARTER Council Clerk
Attachment
012163.mem MOTION •
I HEREBY MOVE that Council ADOPT the following recommendations of the City Attorney in order to effect settlement in the case entitled Melissa Schneider v. City of Los Angeles, et al., United States District Court Case No. BC 247618 (case arises out of events during the time that the Democratic National Convention was held in Los Angeles), SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the City Attorney to expend $1,400,000 in settlement of the case entitled Melissa Schneider v. City of Los Angeles et al., United States District Court Case No. BC 247618, from the Liability Claims Account No. 9770, Fund 100, Department 59.
2. AUTHORIZE the City Attorney to draw demands thereon in the following amounts:
a. $516,000 payable to GE Capital Assignment Corp.
b. $884,000 payable to Grassini & Wrinkle, A Law Corporation and Melissa Schneider.
(Budget and Finance Committee waived consideration of the above matter)
PRESENTED BY CINDY MISCIKOWSKI M0110~ Councilmember, 11th District ADOPTED In OP«:~ :»esStON - OCT 2 2 2002 SECONDED BY~~~~~~~~~~~~~~- ERIC GARCETTI LOS ANGELES CITY COUNCIL Councilmember, 13th District - TO THE MAYOR FORTHWITH
CF 01-2163 October 22, 2002
012163a.mot COUNCIL VOTE
Oct 22, 2002 1:30:57 PM, #24 ITEM NO. ( 52B) Voting on Item(s): 52B Roll Call
BERNSON No GALANTER Yes GARCETTI Absent GREUEL Yes HAHN Yes HOLDEN No LABONGE Absent *MISCIKOWSKI Yes PACHECO Yes PERRY Yes REYES Absent RIDLEY-THOMAS Absent WEISS Yes ZINE Absent PADILLA Yes Present: 10, Yes: 8 No: 2 CLOSED SESSIONS - ITEMS• 51-52 • ITEM NO. (51) MEETING HELD - MOTION ADOPTED IN OPEN SESSION
02-2157 - The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(b) (1), to confer with its legal counsel relative to offer of settlement relative to Business Tax refund claim of Tenet Health Systems.
(Chair and Member of the Budget and Finance Committee considered the above matter in Closed Session on October 9, 2002)
ITEM NO. (52)
The City Council shall recess to Closed Session, . pursuant to Government Code Section 54956. 9 (a), to confer with its legal counsel relative to the following matters:
MEETING HELD - MOTION ADOPTED IN OPEN SESSION 00-1979 - A. Case entitled Los Angeles Lincoln Place Investor's LTD v. City of Los Angeles, Los Angeles Superior Court Case No. SC 042273. (Case arises out of City Council denial of applications to redevelop the Lincoln Place Apartments.)
MEETING HELD - MOTION ADOPTED IN OPEN-SESSION'/ - B:Settlement incase entitled.. Me1'issa-schne'ider v. City of Los Angeles, et al., United States District Court Case No. BC 247618. (Case arises out of events during the time that the Democratic National Convention was held in Los Angeles.)
(Budget and Finance Committee waived consideration of the above matters)
MEETING HELD - NO ACTION TAKEN 02-2143 - C. Case entitled Clear Channel Outdoor, Inc., Viacom Outdoor, Inc., and National Advertising Company v. City of Los Angeles. (Related to the implementation of the City's Off-Site Sign Periodic Inspection Fee.)
(Pursuant to adoption of Motion (Weiss - Miscikowski - Reyes) on October 8, 2002)
ADJOURNING MOTIONS l COUNCIL ADJOURNMENT
TUESDAY ,,f"o::.~-~- 2 2 ..:.·o--~· 2 """'\. PAGE 28 • •- oc, ' DL OFFICE OF THE CITY ATTORNEY REPORT NO. R02-0371 ROCKARD J. DELGADILLO September 20, 2002 CITY ATTORNEY
REQUEST FOR CLOSED SESSION PURSUANT TO ~"L(> GOVERNMENT CODE SECTION 54956.9(A) ocr 2 2 2002 REPORT RE: DEPUTY MELISSA SCHNEIDER v. CITY OF LOS ANGELES, et al. ~ USDC CASE NUMBER BC 247618
The Honorable City Council City of Los Angeles Room 395, City Hall Los Angeles, CA 90012
(RE: CLAIM NO. COl-2513)
Honorable Members of the City Council:
The $1.4 million dollar settlement sum in this case shall be made payable as follows:
The sum of $516,000 made payable to GE Capital Assignment Corp., and $884,000 made payable to Grassini & Wrinkle, A Law Corporation and Melissa Schneider.
Very truly yours,
By
PNP:jk:emm #178412 cc: Executive Director, Board of Police Commissioners Martin Pomeroy, Acting Chief of Police Deputy Chief, Human Resources Bureau Commander, Risk Management Group Captain & Lieutenant, Risk Management Division
AN EQUAL EMPLOYMENT OPPORTUNITY- AFFIRMATIVE ACTION EMPLOYER 200 NORTH MAIN STREET • LOS ANGELES, CA 90012-4131 • 213.485.5408 • 213.847.8082 TDD OQ. Recydable and made from recycled waste ~--e - Item No.: _1_ CITY OF LOS ANGELES CLAIMS BOARD
RECOMMENDATION OF THE CLAIMS BOARD FOR CONSIDERATION BY THE CITY COUNCIL
The Honorable City Council of the City of Los Angeles Room 395, City Hall 200 North Spring Street Los Angeles, CA 90012
Honorable Members:
At its meeting of ()c ±ob12:1 / ~ ~ , 2002, the Claims Board of
the City of Los Angeles considered Report No. B. OJ - 0 37/ of the City Attorney
in the matter of:
~~c~~v-~7 \ and voted ( 3 ..... D ) that your Honorable Body~reject) the City Attorney's
recommendation.
Other action:------
Claims Board, City of Los Angeles
{_' ~ BY-~~~~_,_"""""""ai=rp~e~rs~o-n-----~ cc: City Attorney 177247 ~y OF LOS ANGEL. J. MICHAEL CAREY Office of the City Clerk CALIFORNIA CITY CLERK Council and Public Services Room 395, City Hall FRANK T. MARTINEZ Executive Officer Los Angeles, CA 90012 Council File Information - (213) 978-1043 General Information - (213) 978-1133 When malting inquiries Fax: (213) 978-1040 relative to this matter refer to File No. HELEN GINSBURG JAMES K. HAHN Chief, Council and Public Services Division MAYOR
01-2163
October 15, 2002
BUDGET & FINANCE COMMITTEE
In accordance with Council Rules, communication from the City
Attorney relative to settlement demand in the case entitled Melissa
Schneider v. City of Los Angeles, et al., USDC Case No. BC 247618,
was referred on October 15, 2002, to the BUDGET & FINANCE
COMMITTEE.
d.ro')~~ City Clerk amm
g;:z, AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER Recyclable and made lrom recycled waste. '6--S •
REPORT NO. R02-0371 OFFICE OF THE CITY ATTORNEY September 20, 2002 ROCKARD J. DELGADILLO CITY ATTORNEY
REQUEST FOR CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
REPORT RE: MELISSA SCHNEIDER v. CITY OF LOS ANGELES, et al. USDC CASE NUMBER BC 247618
SETTLEMENT DISCUSSION
The Honorable City Council C) r--- City of Los Angeles i j: Room 395, City Hall ::J 81 /~ Los Angeles, CA 90012 21~--{; -
This case arises out of events during the time that the Democratic National Convention (the DNC) was held in Los Angeles.
Very truly yours,
ROCKARD J. DELGADILLO, City Attorney
By TERREE BOWERS PNP:jk:emm Chief Deputy City Attorney #178412 cc: Executive Director, Board of Police Commissioners Martin Pomeroy, Acting Chief of Police Deputy Chief, Human Resources Bureau Commander, Risk Management Group fl~NCE Captain & Lieutenant, Risk Management Division BUDGET AND OCT 152002 AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER 200 NORTH MAIN STREET • LOS ANGELES, CA 90012-4131 • 213.485.6370 • 213.847.8082 TDD 00, Recyclable and made lrom recycled waste 't:J--e • •
CF 01-2163
September 25, 2002
MEMORANDUM T 0 F I L E
The City Council held a Closed Session on Wednesday, September 25, 2002, pursuant to authority provided in California Government Code Section 54956.9(a) to confer with its legal counsel relative to case entitled Jesse Escochea v. City of Los Angeles, et al., United States District Court Case No. SAC 01 754 DOC (Ame) (This case arises out of events during the Democratic National Convention involving protest marchers and the police; considered in Budget and Finance Committee on September 18, 2002).
The purpose of this memorandum is to note for the record that the City Council discussed this matter on the above date in Closed Session and instructed the City Attorney with respect to the subject litigation.
O:\Docs\Council Agendas\mk\01-2163.mem.wpd • 2. AUTHORIZE the Councilmember of the Ninth• Council District to execute said contract on behalf of the City.
3. INSTRUCT the City Clerk to encumber the necessary funds against the Contractual Services Account of the Council Fund for the Fiscal Year 2002-03.
ITEMS CALLED SPECIAL
PUBLIC TESTIMONY ON NON-AGENDA ITEMS WITHIN JURISDICTION OF COUNCIL
MOTIONS FOR POSTING AND REFERRAL
COUNCILMEMBERS' REQUESTS FOR EXCUSE FROM ATTENDANCE AT COUNCIL MEETINGS
CLOSED SESSION - ITEM 55
:l_TEM-N0 .. -(,55)_ - MEETING HELD1
The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a)and or (b), to confer with its legal counsel relative to the following cases:
(A~TION TAKEN IN CLOSED SESSION-::::::7
401-=--:h_§_:i.....;._A.::i' Jesse Escochea v. City of Los Angeles, et al., United States District Court Case No. SAC 01754 DOC (Anx). (This case arises out of events during the Democratic National Convention involving protest marchers and the police.)
MOTION ADOPTED IN OPEN SESSION
01-0976 - B. Settlement in case entitled Anthony Carnighan v. James Hahn, S23 et al., United States District Court Case No. CV 00-11195 GAF. (Plaintiff was arrested on drug charges on January 20, 1998 and served tw() years and eight months in prison. He obtained a writ of habeas corpus on September 27, 2000.)
MOTION ADOPTED IN OPEN SESSION
02-2000 - C. Settlement in case entitled Juan Carlos Suares v. Rafael Perez, et al., United States District Court Case No. CV 01-1292. (Plaintiff was arrested on drug charges on September 2, 1997 and served 28 months in prison. He obtained a writ of habeas corpus on January 25, 2000.)
WEDNESDAY 9-25-02 PAGE 25 • ( 6) • Communication from the City Attorney relative to settlement in case entitled Kay Nelson v. City of Los Angeles, Los Angeles Superior Court Case No. EC 032631 (This matter arises out of an auto versus motorcycle accident on September 10, 2000; the motorcyclist was killed).
DISPOSITION
(7) Communication from the City Attorney relative to settlement in case entitled Anthony Carnighan v. James Hahn, et al., United States District Court Case No. CV 00-11195 GAF (Plaintiff was arrested on drug charges on January 20, 1998 and served 2 years and 8 months in prison. He obtained a writ of habeas corpus on September 27, 2000).
DISPOSITION
(8) Communication from the City Attorney relative to settlement in case entitled Arlandus Triplett v. Los Angeles Police Department, United States District·court Case No. CV 01-02319 (This case arises out of an incident with officers of the Police Department which occurred on April 7, 2000).
DISPOSITION D Communication from the C~ttorney relative to case entitled Jesse Escochea v. City of Los Angeles, et al. • United States District Court Case No. SAC 01754 DOC (Ame) (This case arises out of events during the time that the Democratic National Convention was held in Los Angeles involving protest marchers and the police).
DISPOSITION
(10) Communication from the City Attorney relative to settlement in case entitled Juan Carlos Suares v. Rafael Perez, et al., United States District Court Case No. CV 01-1292 (Plaintiff was arrested on drug charges on September 2, 1997 and served 28 months in prison. He obtained a writ of habeas corpus on January 25, 2000).
DISPOSITION
Budget and Finance Committee Wednesday - September 18, 2002 Page 4 • (f) • 02-1250- Human Relations Commission's hiring freeze exemption request Sl23 for one vacant Management Analyst I, Administrative Division.
Fiscal Impact Statement Submitted: Yes, by CAO
(g) 02-1250- Cultural Affairs Department's hiring freeze exemption request .S84 for three vacant various positions, Payroll, Grants and Facilities/ and Contracts Divisions.
Fiscal Impact Statement Submitted: Yes, by CAO
(h) 02-1250- Department on Disability's hiring freeze exemption request for Sl32 four various positions, Administrative Services, AIDS Coordinator and Access Services Divisions.
Fiscal Impact Statement Submitted: Yes, by CAO
City Attorney may request Closed Session pursuant to Govt. Code Sections 54956.9(a) and/or (b) to allow the Committee to confer with its legal counsel on the following matter: ( 4) "" 01-0600- City Attorney report relative to status of liability accounts. S43 Fiscal Impact Statement Submitted: No
DISPOSITION------*************************** Closed Session City Attorney requests Closed Session pursuant to Govt. Code Sections 54956.9(a) and/or (b) to allow the Conunittee to confer with its legal counsel on the following matters:
(5) Communication from the City Attorney relative to settlement in case entitled D&M Construction Inc. v. City of Los Angeles, Los Angeles Superior Court Case No. BC 255210 (This matter arises out of a construction contract for the Oakwood Recreation Center at 767 California Avenue, in Venice).
DISPOSITION
Budget and Finance Committee Wednesday - September 18, 2002 Page 3 ------
J. MICHAEL CAREY &v OF Los ANGELe.lfj Office of the City Clerk CALIFORNIA CITY CLERK Council and Public Services FRANK T. MARTINEZ Room 396, City Hall Executive Officer Los Angeles, CA 90012 Council File Information - (213) 978-1043 General Information - (213) 978-1133 When making inquiries Fax: (213) 978-1040 relative to this matter refer to File No. HELEN GINSBURG JAMES K. HAHN Chief, Council and Public Services Division MAYOR
01-2163
September 18, 2002
BUDGET & FINANCE COMMITTEE
.. \ In accordance with Council Rules, communication from the City
Attorney relative to recommendation against settlement in the case
entitled Jesse Escochea v. City of Los Angeles, et al., USDC Case
No. SAC 01754 DOC (ANx), was referred on September 18, 2002, to the
BUDGET & FINANCE COMMITTEE.
d'tf AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER Recyciallle aro made from recycled waste. @ • \ REPORT NO. R02-0336 OFFICE OF THE CITY ATTORNEY September 5, 2002 ROCKARD J. DELGADILLO CITY ATTORNEY REQUEST FOR CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) REPORT RE: JESSE ESCOCHEA v. CITY OF LOS ANGELES, et al. USDC CASE NUMBER SAC 01754 DOC (ANx) t-.) 0 RECOMMENDATION AGAINST SETTLEMENT ~ a....., <:/) ~ 0 rr, -·! \J The Honorable City Council -< ~Fi~.T1 :; (-) w .xil City of Los Angeles r-· ·;:,.;:[!] :;c.. ~:;) rf; Room 395, City Hall [,l 'I C I =i; rn :o C)'J Los Angeles, CA 90012 u ~ --n C '-9 (RE: CLAIM NO. 01-2855) -1 C) 0" -< m Honorable Members: N Pursuant to California Government Code Section 54956.9(a), the City Attorney's Office wishes to meet in closed session to discuss a settlement in the above referenced case. We ask that the matter be placed on the closed session agendas for the Claims Board and the Budget and Finance Committee for September 18, 2002 and on the City Council's closed session agenda for September 25, 2002. This case arises out of the protests and corresponding police actions that occurred during the Democratic National Convention in August 2000. Very truly yours, ROCKARD J. DELGADILLO, City Attorney By -.J----- /Jin___ TERREE BOWERS Chief Deputy City Attorney TB:jk:emm #175194 cc: Executive Director, Board of Police Commissioners Martin Pomeroy, Acting Chief of Police Deputy Chief, Human Resources Bureau Commander, Risk Management Group BUDGET AND FINANCE Captain & Lieutenant, Risk Management Division SEP 18 2002 AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER 200 NORTH MAIN STREET • LOS ANGELES, CA 90012-4131 • 213.485.6370 • 213.847.8082 TDD ORGANIZATIONAL STRUCTURE CITY ATTORNEY Chief Advisor Rocky Delgadillo A. D'Amato I I Chief Deputy T. Bowers Special Counsel I Special Counsel Civil ----1 Criminal P. Echeverria M. Siegel Chief Financial / Appellate Civil Liability Criminal Municipal Administrative Management Counsel Officer TBD C. Mason G. Cardona P.Tubert J. Krieger Special Assistants: K. Buckland D. Edmiston C. Estolano A. Haley T. Patzakis M. Sc" ,wartz External Affairs ,_ ~ APPELLATE BRANCH Appellate TBD Civil Liability Appeals Criminal Appeals Municipal Counsel Appeals K. Hamilton D. Lew C. McGee Henry ' ' . CIVIL LIABILITY MANAGEMENT BRANCH Civil Liability Management C. Mason Civil Liability/ Collections Risk Special Litigation Workers Police Litigation/ Management Compensation Police Employment D. Woodard M. O'Brien TBD M. Claessens G. Kuehn ,, '} >r~t .\ ; ,, :{1~~f~if '':': ·l' · ,:: f' •::' CRIMINAL BRANCH Crlmlnal G. Cardona Criminal Branches Safe Neighborhoods Special Operations E. Thomas M.C. Molidor C. Goldenberg Dispute Resolution C Central Child Abuse Animal Protection Neighborhood Prosecutors AIDS Discrimination Hill Street Domestic Vl_olence Citywide Nuisance Abatement Program (CNAP) Consumer Protection Hollywood FALCON Narcotics Abatement Unit (NAU) Elder Crimes Pacific Problem Property Resolution Team (PPRT) Environmental Protection San Fernando Abandoned Building Task Force (ABTF) Gangs San Pedro Commercial Nuisance AbatemenVRevocation (NAR) Hate Crimes ' VanNuys Narcotics Enforcement Surveillance Team (NEST) Housing Enforcement Narcotics Eviction Team (NET) Public Integrity Operation Healthy Neighborhoods (OHN) Special Enforcement Pro-Active Code Enforcement (PACE) Kid Watch LA ~ ,,-" .. ... -. . ·~ MUNICIPAL COUNSEL BRANCH Municipal Counsel P. Tubert Employee General Government Labor Neighbor- Real Estate General General General General Benefits Counsel Counsel Relations hood and Counsel to Counsel to Counsel to Counsel to Council Economic LAPD Dept. of Harbor Dept. DWP Advice Develop- Airports ment D. Weisz M. Brown C. Culling Z. Houston G. Poindexter TBD C. Ward TBD D. Hegelson P. Shiner .lonP.s lintP.rim\ Mayor and Financial ollce Council Services Administrative Law lectlon Law Land Use ollce Counsel thlcs ouslng & Community ~ervlces · eglslatlve Services eal Property & Environment edevelopment & Housing Authority ) • • OFFICE OF THE CITY ATTORNEY ROCKARD J. DELGADILLO CITY ATTORNEY December 10, 2001 City Attorney Policy Directive No. 4 TO: ALL CITY ATTORNEY PERSONNEL SUBJECT: Policy Regarding the Use of Outside Counsel In recent weeks this Office amended its form contract and procedures for the use of outside legal counsel to reflect increased attention to the cost of outside counsel and to the value of "partnering" with outside counsel. These changes were inspired by the City Attorney's stated missions of delivering the finest legal services to the residents of the City and improving the financial status of the City of Los Angeles. · 1o aaaress these cntrcar concerns. 1 nave established tne tallowing po11c1es ano attached procedures with respect to the use of outside counsel: 1. Outside Counsel Should Be Used Only When Absolutely Necessary - The City Attorney's Office is the entity charged with the legal representation of the City of Los Angeles and its various subsidiaries and, as such, should handle "in-house" all cases related to the City to the fullest extent possible. Requests for the use of outside counsel will be reviewed carefully by theCity-Attorney-and Chief Deputy (as detailed in the attached procedures) and granted or denied based on a determination that the case in question absolutely surpasses the resources or expertise of the City Attorney's Office and would be more efficiently managed by outside counsel. Those matters involving a conflict of interest will be assigned to outside counsel through the CAO's office. 2. Consider Less Expensive Alternatives To Outside Counsel - Before recommending outside counsel, consider first whether some other service might satisfy our needs. For example, if the case is merely one of unmanageable volume, consider contracting temporary legal support staff for document review, production or organization. Also explore resources in other departments within the City Attorney's Office that could be tapped for the needs in your particular case. Finally, determine if there is a portion of the case that we could reasonably handle internally (e.g. taking or defending depositions, drafting discovery, or researching legal issues) while outside counsel focuses on the areas in which we need assistance. AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER 200 NORTH MAIN STREET • LOS ANGELES. CA 90012-4131 • 213.485.6370 • 213.847.8082 TDD CD· • Outside Counsel Policy Page 2 December 10, 2001 3. Direct Management of Outside Counsel Reguired - In order to ensure that outside counsel is performing its job both effectively and efficiently, and in keeping with this stated policy, our Office must closely monitor outside counsel. For each matter in which outside counsel has been retained, the Office sha·11 designate at least one person with hands-on involvement in the matter to be responsible for interaction with, and management of, outside counsel on a regular basis. This person shall be included in all major decisions impacting the matter and, in consultation with the City Attorney or Chief Deputy where appropriate, shall have ultimate authority in making decisions impacting the matter. 4. Review of Monthly Bills - Persons responsible for management of outside counsel shall closely review outside counsel's monthly legal bills. Within five (5) days of receiving outside counsel's monthly bill for services and costs, each managing attorney shall thoroughly review the bill in order to ensure that all costs and charges are appropriate under the Office's contract with outside counsel, and that all time entries appear legitimate. Managing attorneys shall note any questionable items, and shall ,, r ,, . ~· , r .-· . • "'r. . ' . • ., . I-JI VI i lj,JLI y II IIUI i 11 LI lei vi ilCI I II ldi li..lal VI lji.,t;:I ui ;:,U\JI I llt::111;:,. 5. Quarterly Reports - Managing attorneys should receive quarterly reports from outside counsel providing a summary of the activity on the matter for that quarter and an analysis as to what actions are likely to occur in the future. This should include all upcoming deadlines, important events (such as scheduled depositions), etc. Copies of quarterly reports received from outside counsel should be forwarded to the Chief Deputy and the Chief Financial Officer. 6. Budget - Managing attorneys should participate with outside counsel in the creation of a litigation budget which should describe, in detail, the total estimated cost of outside counsel's assistance in the matter. Managing attorneys should periodically compare outside counsel's actual costs against budgeted costs to ensure that outside counsel is not going over budget. 7. The City Attorney's Office is the "Client" - It is important that all employees be reminded that when the Office hires outside counsel we are, in effect, the "client," and should be treated as such by our outside counsel. This means that our Office should play a significant role in all major decisions impacting the matter at hand. This includes decisions ·concerning the nature and scope of discovery, the filing of dispositive and discovery-related motions and ~II settlement discussions. • Outside Counsel Policy Page 3 , December 10, 2001 8. The City Attorney's Office Remains Ultimately Responsible - The role of outside counsel is to assist the Office in matters which require a particular expertise or where the Office does not have sufficient resources to prosecute a matter effectively. However, the City Attorney's Office and the individual city attorneys involved in each particular matter have a duty to ensure that outside counsel is accountable for providing effective representation of the City's interests. 9. Retention of Outside Counsel's Legal Expertise - One of the goals of the use of outside counsel is to "partner'' with them in such a manner that our Office actually gains knowledge and resources in outside counsel's particular area of expertise, hopefully precluding the need for outside counsel in a future similar matter. To this end, the managing city attorney and outside counsel are charged to make all reasonable efforts to work together to impart this legal expertise to the City Attorney's Office. 10. Review Process at Conclusion of Matter -At the conclusion of a matter for which outside counsel has been retained, each Office employee who interacted with outside counsel on that matter shall fill out an evaluation form regarding the quality of ii1t:: uui.::;iJt:: vuu11;:;c:::i'-, vvui~. E111µiuyt::e::, did t::11~uu1dyeJ lu yivt::: d Jdaii1::J t:vaiudliu11 u~ the counsel's quality of work, creativity, efficiency, professionalism, etc. Completed evaluation forms shall be returned to the Chief Deputy. The foregoing policy is consistent with my focus on improving the efficiency of the Office, conserving taxpayer dollars, and ensuring that the Los Angeles City Attorney's Office provides the highest level of legal services to the City and residents of Los Angeles. · Your prompt cooperation in following the above directive is appreciated. • • PROCEDURES FOR PROPRIETARY CONTRACTING WITH OUTSIDE COUNSEL The following details the procedures for requesting assistance from outside law firms. NO OUTSIDE LAW FIRM IS TO BE ENGAGED OR RETAINED WITHOUT STEP BY STEP ADHERENCE TO EACH OF THE FOLLOWING PROCEDURES. DETERMINATION OF NEED ANO APPROVAL 1. Obtain approval from supervising attorney and Branch Chief. If you believe that a matter to which you have been assigned has needs that exceed the resources of the City Attorney's Office, discuss the appropriateness of outside counsel with your supervising attorney and Branch Chief. Your decision should weigh, among other things, the cost of outside counsel to taxpayers versus the extent of the City's financial exposure if we were not to prevail in the matter. 2. Provide written request and justification to City Attorney. If the supervising attorney and Branch Chief agree that outside counsel is necessary, a '!.'~i+.te~ ~~q'..!~~t grd ju':t!fir:-3t!nn for thP \!~fl nf out~idA ~011n~AI .,,, ,~t the.n hA !-=:UhmittArl to the City Attorney, with a copy to the Chief Deputy. In this request, please include. 8 brief summary of the matter and an explanation of why the case warrants an exception to the policy of reducing expenditures on outside counsel including, specifically, an educated estimate of the total liability exposure on the case. 3. Written approval by City Attorney or Chief Deputy required. The City Attorney or Chief Deputy will advise the Branch Chief as to whether the use of outside counsel is approved. OUTSIDE COUNSEL SHALL NOT BE RETAINED WITHOUT THE PRIOR WRITTEN APPROVAL OF THE CITY ATTORNEY OR CHIEF DEPUTY. • PROCEDURES FOR CONTRACTING WITH OUTSIDE COUNSEL The following details the procedures for requesting assistance from outside law firms. NO OUTSIDE LAW FIRM IS TO BE ENGAGED OR RETAINED WITHOUT STEP BY STEP ADHERENCE TO EACH OF THE FOLLOWING PROCEDURES. DETERMINATION OF NEED AND APPROVAL 1. Obtain approval from supervising attorney and Branch Chief. If you believe that· a matter to which you have been assigned has needs that exceed the resources of the City Attorney's Office, discuss the appropriateness of outside counsel with your supervising attorney and Branch Chief. Your decision should weigh, among other things, the cost of outside counsel to taxpayers versus the extent of the City's financial exposure if we were not to prevail in the matter. 2. Provide written request and justification to City Attorney. If the supervising attorney and Branch Chief agree that outside counsel ,s necessary, a written request and justification for the use of outside'counsel must then be submitted tq the City Attorney, with a copy to the Chief Deputy. In this request, please include a brief summary of the matter and an explanation of why the case warrants an exception to the policy of reducing expenditures on outside counsel including,. specifically, an educated estimate of the total liability exposure on the case. 3. Written approval ~y City Attorney or Chief Deputy required. The City Attorney or Chief Deputy will advise the Branch Chief as to whether the use of outside counsel is approved. OUTSIDE COUNSEL SHALL NOT BE RETAINED WITHOUT THE PRIOR WRITIEN APPROVAL OF THE CITY A TIORNEY OR CHIEF DEPUTY. SELECTION OF LAW FIRM ·· 4. Select an appropriate law firm. Consistent with applicable provisions of the City Charter and Administrative Code, outside counsel should be selected through the competitive RFP or RFQ • e process. The entire process, from request for approval, to the negotiation and drafting of the contract and City Council approval, takes a minimum of three months. Accordingly, city attorneys anticipating a need for outside counsel should plan their requests well in advance. The selected firm must comply with all applicable City rules, provisions and_ ordinances that are detailed in the Standard Provisions for City Contracts. These include, but may not be limited to, obtaining a Business Tax Registration Certificate to file with the City Clerk's Office and appropriate insurance, and complying with the Living Wage Ordinance, the Contractor Responsibility Ordinance, the Equal Benefits Ordinance, nondiscrimination and affirmative action provisions and workers' compensation provisions. No contract will be executed until there is ,full compliance with these provisions by the law firm. The Chief Financial Officer will maintain a centralized database of recommended law firms, developed from the Office's prior experience with such firms, and the evaluations completed by the city attorneys who worked with them. CONTRACT NEGOTIATION Any use of outside counsel, whether procured through the RFP/RFQ process or 0t!-'~!"'N!S'?, requirec g '.'3!it:1 r.n.ntr~c-t 'Nith tht:1 firm MAN~GEMENT HAS DEVELOPED A STANDARD FORM CONTRACT THAT IS TO BE USED FOR ALL CONTRACTING FOR OUTSIDE COUNSEL SERVICES. It consists of a ten-page contract, Guidelines for Outside Counsel, the Standard Provisions for City Contracts, and the various policy forms required under the Standard Provisions. DO NOT ENTER INTO ANY AGREEMENT OTHER THAN WITH THE CITY ATTORNEY'S STANDARD FORM·CONTRACT. No exceptions to, limitations on, or other changes are to be made to the standard form contract without the express prior approval of the City Attorney or Chief Deputy. The Chief Deputy must approve all outside counsel billing rates before they are negotiated and agreed to. When negotiating contracts with outside counsel, be aware that the Guidelines for Outside Counsel (which are attached as Appendix A to each contract) define what is reimbursable and what is not and the fixed costs for services such as photocopying. Familiarity with the Guidelines is essential to avoiding misunderstandings during the negotiations. CITY COUNCIL REQUEST At no time should work commence by outside counsel prior to receiving City e Council approval for• funding and contracting authority and no approach for same should be made to the City Council without the prior approval of the City Attorney or the Chief Deputy. 5. Draft a report and request to City Council for funding and contracting authority and submit to the Chief Deputy and Chief Financial Officer for review and approval. In the report you should request that funds for outside counsel be transferred from the Unappropriated Balance to City Attorney, Department 12, Fund 100, Contractual Services, Account 3040. CONTRACT FINALIZATION/EXECUTION NO WORK SHOULD BE COMMENCED BY OUTSIDE COUNSEL UNTIL OUR STANDARD FORM CONTRACT HAS BEEN EXECUTED. 6. Once City Council approval has been obtained, provide the following information to the Chief Financial Officer for completion of a contract: copy of City Council action, case name, managing city attorney, outside counsel firm name and address, name(s) of outside counsel attorneys and/or paralegals approved to work on the case, and billing rate(s). 7. Once contract has been developed, three original copies will be sent to outside counsel for signature. Once signed and processed. you wm receive a copy for your files. CASE BUDGET AND QUARTERLY REPORTS 8. Prepare, with the assistance of outside counsel, a detailed case budget within thirty (30) days of outside counsel's execution of the standard form contract. - - The budget should provide an understanding'of how the case will be handled from start to finish, and provide an estimate as to the overall outside counsel costs for the entire matter. 9. Prepare quarterly reports on ongoing cases. Reports should include the status of the case, the amount of money remaining on the contract, a six-month projection of costs, strategy and possible resolution. The most recent quarterly report prepared by outside counsel should be attached. Reports are to be submitted by the 151 of October, January, April and July to the • e Chief Deputy, with a copy to Anhe Haley and Jennifer Krieger. This information will be utilized for regular reporting to the City Attorney, City Council and for budgeting purposes. CONTRACT ADMINISTRATION/INVOICE REVIEW Invoices received from outside contractors that do not have a fully executed contract on file will be returned to the managing city attorney for preparation of a contract and appropriate financing. Invoices received pursuant to properly executed and filed contracts will be reviewed first by Anne Haley, who will check invoices for compliance with the Contract, Guidelines for Outside Counsel, and Standard Provisions for City Contracts and flag entries, charges or ·assessments which warrant secondary review. Invoices will then be forwarded to the managing attorney on the case. 10. Review the invoices and return to the Chief Financial Officer. Once reviewed by Anne Haley, a thorough review of invoices is required by the managing city attorney on the case. After reviewing the invoices, indicate on the cover sheet.which, if any, of the charges should be disallowed, including a justification for disallowance, and any other information related to payment of the invnirp lnvoir,::ic: ~hrn.,lrl !"lP rAt11rnPrl tn thP r.hiPf Finandal nffir.pr for fim:tl rAViPw and payment. Note: Management will conduct training sessions in invoice review. The Chief Deputy will be auditing invoices selectively to ensure thorough review and case management by staff. Attorneys are required to track expenditures on cases to ensure both efficient use ·of taxpayer dollars and adequate funding ·to complete a case. The City Attorney's finance staff will provide regular information on funds remaining for each contract. If funding for a particular contract does not appear adequate to cover the case, it is the attorney's responsibility to contact the Chief Deputy or Chief Financial Officer well in advance of funding being depleted to discuss the additional need. Because requests for additional funding must be brought to City Council, last minute requests for such funding will result in, at best, delayed payment to outside counsel and diminished proactive case management. 11. Whe~ deemed necessary, draft a report and request to City CouncU for additionar appropriations and submit to the Chief Deputy and Chief Financial Officer for review and approval. Once City Council approval is obtained, provide a copy of the City Council action to the Chief Financial Officer for the processing of an amendment to the contract. • • CLOSING A CASE 12. Once a case is resolved and outside counsel's services are no longer needed, submit a brief statement of the disposition of the case and a completed evaluation of outside counsel to Anne Haley. Evaluations are now required by the City Council for all service contracts. A copy of the evaluation document is available from Noreen Vincent. 13. When the final invoice is received, notify the Chief Financial Officer that the case is closed and no additional funds will be required. Once a matter with a particular firm is completed, there is no authority to assign a new case to the firm under that same contract number, even if funds still remain in the account. If you wish to engage the firm on a new matter, you must complete the entire process from the beginning. CONFUCT CASES If an attorney determines that a case should not be handled by the City Attorney's Office because of a conflict of interest, the attorney should discuss that fact with his or her supervising attorney and, in that discussion, also analyze whether recusal is necessary as to just one of the defendants or all. The managing attorney should then draft a memo to the CAO which includes a background of the case, .an explanation of the conflict, any pertinent or imminent deadlmes~-filing dates, identification of the managing city attorney and of the defendant or defendants who need representation by conflict counsel. Attached to this memo should be a copy of the complaint. The memo may be submitted to the CAO only through one of the Branch Chiefs: Cardona, Mason or Tubert. CONTRACT• BETWEEN THE CITY OF LOS ANGELES• AND ______AS OUTSIDE COUNSEL This Contract is made and entered into by and between the City of Los Angeles, a municipal corporation ("City") acting through the Office of the City Attorney, ("City Attorney") and ("Outside Counsel"), with reference to the following: A. The City Attorney and the Los Angeles City Council have approved the us'e of Outside Counsel to assist the City Attorney with ------ B. The City Attorney has selected Outside Counsel to provide assistance in such matter(s). Outside Counsel is willing to provide such assistance commencing on ______, and represents to the City that it is able to do so without a conflict of interest. C. The services to be performed by Outside Counsel are of an expert and technical nature, and are temporary and occasional in character. In consideration of the promises, covenants, terms and conditions contained herein, the parties hereby covenant, agree and represent as follows: SECTION I SERVICES TO BE PERFORMED BY OUTSIDE COUNSEL A. Scope of Representation. Outside Counsel is being retained to assist the City Attorney in handling ___ ------· Outside Counsel's assistance shall entail, as appropriate, activities such as investigation of the facts (including pretrial discovery), researching the law, preparing and filing legal documents (including pleadings and briefs), making appearances and oral arguments, conducting trial, and handling post-trial proceedings, including appeals. Outside Counsel shall at all times work under the instruction and direction of the City Attorney, and shall provide ~o the City Attorney its best professional judgment in recommending courses of action. Outside Counsel understands and agrees that this Contract is a non-exclusive agreement to provide legal services to the City. 71724 /Outside Counsell 1 f B. Ownership• of Documents, Reports and Data• Files. Any and all documents, reports and/or data files originated-and prepared by Outside Counsel pursuant to this Contract shall be and become the property of the City for its use in any manner it deems appropriate. If the City disseminates any or all of such information to other persons who are not City officers or employees, it may identify Outside Counsel as the source of said information. The City need not receive Outside Counsel's authorization for any such dissemination. Additionally, copies of all documents generated by Outside Counsel shall promptly be.delivered to the City along with an electronic copy of such document in a format specified by the City Attorney. This includes, but is not limited to, all pleadings, motions, briefs, and ail other documents filed with the Court or served upon opposing counsel. Services rendered by Outside Counsel shall not be deemed to be completed, nor payment due from the City, until such documents and electronic copies are delivered to the City Attorney. SECTION II PAYMENTS-BILLINGS A. Payment For Services, Costs and Expenses. 1. Services. The City shall pay Outside Counsel for th·e services performed by Outside Counsel which. are reasonably necessary.· The fees for such services shall be based upon the time expended to render the required services, with fractions thereof being stated to the tenth of an hour, and shall be computed at a rate not to exceed the following: Attorney $325.00 per hour Paralegal & law clerk $140.00 per hour The City shall pay Outside Counsel only for services performed by the attorneys identified in this Contract, and Outside.Counsel shalLobtain written approval from Assistant/Deputy City Attorney or Chief Deputy City Attorney Terree Bowers, prior to having any attorney not identified in this Contract perform any work under this Contract. 2. Costs and Expenses. The City shall pay Outside Counsel for all costs and expenses reasonably incurred by Outside Counsel in performing its obligations hereunder.. Outside Counsel understands and agrees that payments for such costs and expenses shall be made in accordance with the "Guidelines for Outside Counsel" attached hereto as Appendix "A" and incorporated herein by reference. 71724 {Outside Counsel} 2 B. Billings. • • Outside Counsel shall submit monthly bills stating therein the services performed and all costs and expenses incurred during the previous month for which payment is requested, including documentation to support cost items._ The City will not reimburse Outside Counsel for costs for which no backup materials are provided. Bills submitted by Outside Counsel shall be in .a form satisfactory to the City Attorney and shall set forth sufficient detail to permit full scrutiny by the City, or any retained auditor, 9f all charges. All bills shall be itemized, and shall contain a certification by a duly authorized partner of Outside Counsel that the services performed and expenses incurred were both reasonable and necessary. The itemized billing shall specifically set forth compensation and expenses by assigned task, the attorney or staff who performed the task, the date on which the task was performed, the total compensation and expenses for each task billed as of the date of the billing, and the total billing for all compensation and expenses from Contract inception to the date of the bill. In support of payment for such billing, Outside Counsel shall furnish records, bills, receipts or other evidence of reimbursable expenses incurred. The City reserves the right to require additional substantiation of any claimed expense. Any work product or memoranda or other written material described in the billings shall be produced for the City Attorney as requested. Billings under this' Contract shall not be provided in more than one-tenth of an hour (six minute) increments, and shall represent the devotion of a full six minutes before such an increment is billed. Under no circumstances shall Outside Counsel use "block billing" procedures, wherein a list of series of activities is done each day with only an aggregate amount of time specified. All tasks set forth in Outside Counsel's billing documentation shall be highly specific and highly detailed. Overly generalized listings of task descriptions such as "review contract" or "prepare for negotiations" will not be acceptable. Outside Counsel shall provide a detailed description of each action, sufficient to provide a meaningful record to an independent auditor reviewing said task description. Outside Counsel and .the City recognize that attorney services under this Contract - - - - are being paid for with tax dollars from the citizens of the City of Los Angeles ana that, given this fact, a heightened duty of care exists in both Outside Counsel and the City to ensure that Outside Counsel scrupulously adheres to principles of moderation, frugality and cost consciousness in carrying out the goals of this Contract. Outside Counsel pledges to observe a duty of reasonableness and cost effective representation in all aspects of this Contract. 71724 /Outside Counsel} 3 Outside Counsel• shall carefully examine all bills submitted • for services rendered under this Contract to assure that appropriate billing practices are employed in billing the City hereunder. To that end, Outside Counsel agrees that: 1. It shall not bill for hours other than those hours expressly devoted to the tasks and matters identified in this Contract; 2. It shall not use legal professionals for secretarial work; 3. It shall not bill for review of junior attorneys' work; 4. It shall not bill for time which is not specifically devoted to the matters for which it has been retained herein; 5 It shall not devote .any resources not reasonably necessary for the performance of the required services; and 6. It shall utilize a billing format which sets forth sufficient detail to permit full scrutiny by City, or any City retained auditors, of all charges. Payment shall be made by City within a reasonable time after receipt and approval of each monthly billing by City's representative. C. Personnel. ------will be the partner in charge of this matter for Outside Counsel, and will be working with other attorneys and legal assistants on an "as needed basis." Any use of attorneys other than------ ------must be approved in advance, in writing, by Assistant/Deputy City Attorney or Chief Deputy City Attorney Terree Bowers. Outside Counsel may hire additional consultants, but only with the prior written approval of Assistant/Deputy City Attorney or Chief Deputy City _ Attorney Terree Bowers. 71724 APPROPRIATION ·oF FUNDS - OUTSIDE COUNSEL'S OBLIGATIONS A. Appropriation of Funds. The Los Angeles City Council has appropriated $ for this Contract. The City will'not pay Outside Counsel for any work done or costs incurred in excess of $ . unless additional appropriations are made by the City Council and an amendment to this Contract is executed by the parties. B. Outside Counsel's Obligation For Continued Performance. In the event that Outside Counsel's fees, costs and expenses in the aggregate reach the amount appropriated by City as provided herein, Outside Counsel shall not be obligated to provide services or incur any further costs or expenses on the work required hereunder, and the City .shall not be liable for fees or costs in excess of the amount appropriated, unless the appropriated amount is increased as provided herein. Outside Counsel shall be responsible for notifying City's representative that the aforesaid appropriated amount would be expended bef9re completion of the work required hereunder and that additional funds will be needed if further work by Outside Counsel is desired by City. Outside Counsel shall give written notice to , Assistant/Deputy City Attorney, and to Jennifer Krieger, the City Attorney's Chief. Financial and Administrative Officer, ~t least twenty (20) work days in ad~anc~ of the expected date that the amounts due hereunder will equal the appropriated amount, so that the Contract may be amended or terminated, as desired by City. SECTION IV AUTHORIZED REPRESENTATIVES A. City Representative _ The City hereby appoints the City Attorney, or his designee, to represent the City on all matters related to this Contract; however, any amendments to this Contract requiring additional funds shall be conditioned upon the approval of the Los Angeles City Council and on an app'ropriation of said funds by the City. The City Attorney's representatives shall be Assistant/Deputy City Attorney and Chief Deputy City Attorney Terree Bowers. On all matters relating to billings, the City Attorney's representative shall be Jennifer Krieger, the City Attorney's Chief Financial and Administrative Officer. 71724 {Outside Counsel} 5 B. Outside• Counsel's Representatives • Outside Counsel hereby appoints as its authorized representative with respect to all matters connected with this Contract. SECTION V PARTNERING BETWEEN THE CITY AND OUTSIDE COUNSEL The City Attorney's Office and Outside Counsel both independently recognize and agree that one of the primary purposes of this Contract is to promote effective "partnering" between the City Attorney's Office and Outside Counsel so that, among other things, the City Attorney's Office is able to develop expertise regarding the legal issues presented in ------· To this end, the City Attorney's Office and Outside Counsel both agree, independently, that they will make all reasonable efforts to coordinate their efforts and work together, so that City Attorneys working with Outside Counsel can take advantage of, and learn from, Outside Counsel's legal expertise. Outside Counsel further agrees that it will work with and impart its legal expertise to the City Attorney's Office, to the extent practicable. SECTION VI BUDGET TO BE PREPARED BY OUTSIDE COUNSEL Outside Counsel shall be responsible for preparing a budget for the matter, which shall include .all fees and costs that it expects to incur in connection with its representation in the matter. Outside Counsel shall be responsible for periodically updating the budget, so that the budget is reasonably accurate and the City Attorney is apprised of the total amount of fees and costs expected to be incurred by Outside Counsel. SECTION VII QUARTERLY REPORTS BY OUTSIDE COUNSEL Outside Counsel shall be responsible for providing the City Attorney with a written report concerning the matter at least once per quarter. This report shall include a review of the activity which occurred during the prior quarter, all upcoming deadlines and major events in the matter and an analysis of whether Outside Counsel's fees and costs are within the projected budget for the rl'!atter. 71724 /Outside Counsel\ 6 • SECTION VIII • NOTICES The following addresses shall serve as the locations to which notices, bills and other correspondence between the parties shall be sent: · Attorneys' address: Attention: City's address: City of Los Angeles Office of the City Attorney 200 North Main Street, Room 1800 Los Angeles, CA 90012-4130 Attention: ______, Assistant/Deputy City Attorney SECTION IX TERM AND TERMINATION The term of this Contract shall commence on , and shall terminate upon completion of the representation or as provided below. This Contract may be terminated at any time by either party upon thirty (30) days prior written notice to the other party. In the event of termination, Outside Counsel shall be paid for the services performed and approved costs and expenses incurred under this Contract through the effective date of termination. Notwithstanding the thirty (30) day notice required herein, the City, at any time, may direct Outside Counsel to cease its performance hereunder. Termination by Outside Counsel must be consistent with its ethical obligations. In addition, the parties intend that the City shall receive full benefit of all work done up to the time of any such termination. To that end, Outside Counsel agrees to turn over to any attorneys substituted in their place the entire file and attorney work product regarding any such matter within seven (7) days of such termination. 71724 Outside Counsel represents that it currently has no client with an interest adverse to those of the City with respect to this Contract. In the event that Outside Counsel is asked to represent another client with interests adverse ,to those of the City with respect to this Contract, or any other matter, Outside Counsel will either obtain the City's informed written consent to that representation or will not accept the representation. Any suet, representation shall be in accordance with the ethical duties of members of the State Bar of California and the Bar's Rules of Professional Conduct. SECTION XI MISCELL~NEOUS PROVISIONS A. In fulfilling its obligations under this Contract, Outside Counsel shall act as attorneys at law in the independent practice of its profession and not as an employee of City. 8. All information, documents, records, reports, data, or other materials furnished to Outside Counsel or other such information, documents, records, data or other materials to which Outside Counsel has access during its performance pursuant to this Contract are ·deemed confidential and shall remain the property of the City. Outside Counsel shall not make use of such items for any purpose unrelated to the cases involved herein and shall not make oral or written disclosure thereof, other than as necessary for its performance hereunder, without the prior written approval of the City Attorney. C. Hereby incorporated by reference into this Contract are the Guidelines for Outside Counsel, which apply to all legal work, including litigation, attached hereto and marked as Appendix "A," and the Standard Provisions for City Contracts, attached hereto and marked as Appendix "B". In the event of an inconsistency between any of the provisions in the body of the Contract and Appendices "A" gr"~," the provisions in .the body of th-e Contract shall be controlling. D. Outside Counsel shall comply with the insurance requirements described in Appendix "B" (Exhibit 1, PSC-18), attached hereto, having the coverages and the limits as specified on the attached insurance requirements sheet. E. All approvals required in this Contract shall be requested in writing by Outside Counsel and confirmed in writing by the City Attorney, either via letter, e-mail or facsimile. F. Failure of the City to enforce any provision of this Contract does not preclude the City from enforcing said provision in the future. 71724 (Outside Counsel) 8 • XII. • ENTIRE CONTRACT A. Complete Contract This Contract contains the full and complete Contract between the two parties. No verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Contract. B. Number of Pages and Attachments This Contract is executed in two (2) duplicate originals, each of which is deemed to be an original. This Contract includes ten (10) pages and two (2) Appendices which constitute the entire understanding and agreement between the parties. 71724 THE CITY OF LOS ANGELES, a municipal corporation Assistant/Deputy City Attorney Date:------ (Outside Counsel) By ______ Date:, ______ APPROVED AS TO FORM AND LEGALITY ROCKARD J. DELGADILLO, City Attorney By ______NOREEN VINCENT Assistant City Attorney AITEST: MIKE J. CAREY, City Clerk By:------Deputy City Clerk City Business License Number:------ Internal Revenue Service ID Number: ------Council File/CAO File Number: ______Date of Approval ______Said Contract is Number of City Contracts 71724 /Outside Counsel} 10 ~- --~------ • APPENDIX A • GUIDELINES FOR OUTSIDE COUNSEL These Guidelines have been established by the City Attorney of the City of Los Angeles to provide a clear understanding with regard to the working relationship between the City and the offices of Outside Counsel. While the City acknowledges the value of Outside Counsel's services, it also recognizes that there is an increasing concern with the escalation of costs, which are paid directly by the taxpayers of the City of Los Angeles. It is the intent of these Guidelines to establish a standard for reasonable billing practices, and to encourage accountability and decision making based on cost-benefit considerations. Personnel: The City will pay for the reasonable time of partners assisted 'by associates as identified in Section I IC of the Contract. The use of any attorney other than those identified in the Contract must receive written prior approval of the City Attorney. Please provide the City with a biography of each attorney designated to work on the case. Unless the City gives written approval in advance, the City will not reimburse for the time charges of attorneys not originally designated in the Contract. The City expects the designated billers to perform all of the work on the case and to r~main on the case until its conclusion; absent their departure from the law firm. Partners and associates assigned by Outside Counsel to work with the City must be admitted to practice law before all of the courts of the State of California. For certain activities, such as review of City files and compilation of documents and information, use of City personnel may be more efficient. Outside Counsel should consult with City lead counsel about this possibility and obtain such counsel's agreement before the firm begins any major project to collect information readily available from the City. Billing Rates: The City will not pay for rate increases by any billers on the case unless those rate increases have been approved in advance, in writing, by the City. It bears emphasis that our agreement is to pay for the actual time spent and is not based on any minimum incremental billings. Time entries must be recorded in tenths of an hour and must be full and complete descriptions of the work performed. Outside Counsel agrees that no lower billing rates will be used for any other client of the firm, other than for not-for-profit or pro bona clients. GUIDELINES FOR OUTSIDE COUNSEL 1 (Rev. 11/01) ~ ------ Errors and Omissions• Insurance: • Outside Counsel's law firm and all attorneys working on the case must have current errors and omissions insurance coverage. Please provide the City with a copy of the errors and omissions policy, or other proof that ·said policy is in full force and effect, as well as the limits of said policy. The policy must remain in full force and eff~ct at all times during the representation. Over staffing/Duplication of Work: The City will not pay for more than one attorney doing any particular task unless we have approved that arrangement in advance, in writing. For example, the City will not pay for two or more attorneys attending the same deposition or court appearance. The City will pay for the time recorded by only one senior attorney for in-office conferences, but only if the conference is an occasional, necessary strategy meeting related to some significant legal event or proceeding. , The City will not pay for duplicative time charges by two or more attorneys, e.g., for legal research, reviewing documents, drafting documents, etc. The City will not pay for "training" or "apprenticeship" time. The City will not pay for the involvement of billers who work on the case irregularly or sporadically ("transient" billers), unless a particular biller has a special expertise which substantially advances the case. Paralegals: Use of paralegals is encouraged provided they meet the requirements set forth herein. However, assignment of work to paralegals should not result in duplicative activity between attorneys and paralegals, or the reworking or rewriting of paralegals' work product by attorneys. The City will not pay f9r paralegal time spent performing clerical/secretarial work (e.g., filing, indexing, sorting, organizing, photocopying and bates stamping documents) unless it has been approved by the City in advance, in writing. We expect paralegals to perform true paralegal work, e.g., research, document productions, preparing discovery or responses, interviewing witnesses, etc. - - Expenses and Costs: Absent our prior approval, the City will not pay for any extraordinary expenses incurred on the case, including, but not limited to, expert witness/consultant services, investigative services, computer litigation support services, videotaping of depositions, temporary office help, travel expenses, meals, etc. The City will not pay for first class air fare or luxury hotels. Any item of expense which exceeds $500.00 must be approved by us in advance, in writing. GUIDELINES FOR OUTSIDE COUNSEL 2 (Rev. 11/01) Any expenses submitted• for payment shall be accompanied • by appropriate receipts, invoices, or proof of expenditure. Do not bill the City for the following expense items at more than the lesser of your actual cost or the specified rates: • · Photocopying: Your actual cost but no more than $0.10 per page or the actual 'charge of a copy service. Send large jobs to a capable but economical outside copy service. • Telephone: Itemized, actual long distance charges only. • Facsimile Charges: Do not bill the City for any expense related to facsimile charges beyond your actual net costs for long distance telephone charges actually and reasonably incurred by your firm for the sending of facsimiles. Indicate the number of pages with the related cost of each charge. Attach the appropriate receipts, invoices or proof of any expenditure for your charges for facsimiles. • Cellular Telephone: Do not charge the City for cellular telephone charges. You may continue to bill the City for itemized actual net long distance charges only to the extent that they are incurred for work on a particular matter and to the extent that these charges are reasonable and backed up and supported by appropriate receipts, invoices or proof of expenditure. ' • Travel: Describe in detail on the bill any travel expenses incurred by counsel. The City retains the right to audit these expenses. Counsel should retain receipts and other documentation for one year following the conclusion of the case. Only coach fare will be reimbursed for travel. • Messenger ~nd_D~liv_ery; ~Oo not bill the_City if the rush is caused by your firm. For an outside messenger, the City will pay the reasonable actual costs. For your internal messenger service, charge no more than an outside service. • Postage: Do not charge the City for postage . • Computer-Assisted Electronic Research (CALR): The City has selected your firm due in part to its claim of.expertise and experience in certain areas of the law, including your law library of printed and ::, electronic information in that field. If it is necessary for you to incur unusual CALR charges in order to handle this matter, then please obtain permission in advance to charge for that expense. No charges for CALR GUIDELINES FOR OUTSIDE COUNSEL 3 (Rev. 11/01) shall• be paid by the City without its prior• written approval of such a charge including, but not limited to LEXIS, WESTLAW and INTERNET services. Overhead: . The City will not pay for expenses which are considered to be part of the general law firm overhead, including but not limited to, administrative time, secretarial time, calendaring, setting up files, indexing, word processing, air conditioning, equipment rental, office supplies, meals, snacks, beverages, seminars, books or association dues, etc. The City will not pay for any overtime charges by any biller unless they are approved in writing by the City in advance. No Surcha~ges/Mark-ups: All expenses will be billed to the City at the law firm's actual net cost, without any "mark ups" or surcharges. This includes, but is not limited to, photocopying, computer research, long distance telephone and actual cost of telefax charges, messenger service, etc. Messenger services and express mail shall only be used under extraordinary circumstances, otherwise the City expects you to use U.S. mail. If requested by the City, the firm will explain and justify its position on its cost of each expense item. · Billing Format: . Billing statements sent to us for payment shall specifically state the date of the work performed, identity of the biller, and the time spent on the activity. Narrative or "block" billing is unacceptable and will be returned to the law firm for further breakdown before payment is made. When numerous tasks are performed by a biller on a particular billing day, each task should be identified separately and a specific amount of time recorded for each task. Specifically related tasks may be grouped together. Specificity: The-City will not pay for billings where the services described are so vague that the City cannot understand the precise nature of the work performed. Billing terms such as "research", "strategy", "analysis", "discovery", "conference", "meeting", "review pleadings" and "preparation", which are used without any further explanation of the specific subject matter, specific work performed or persons involved are unacceptable. Time entries for telephone conferences and letters must specify the persons involved and subject matter. GUIDELINES FOR OUTSIDE COUNSEL 4 (Rev. 11/01) -~~ ------' Billings for Billings: • • The City will not pay for time charges associated with review, preparation, explanation or "breakdown" of legal billings submitted to us for payment. Administrative work performed, such as responding to or answering inquiries regarding the billings, may not be billed to the City. Apportionment of Attorney Time: You may bill the City on an apportioned basis only where a task benefits more than one case. Example: A law and motion appearance wherein one attorney appears on two matters. If the· actual time spent is 2.5 hours, the attorney should apportion the 2.5 hours between the two matters on a reasonable basis and should not bill 2.5 hours for .esci:l case. Billing for Non-Billable Events: Do not bill the City for trivial routine matters such as processing billings for payment, coding letters for filing, scanning "housekeeping" letters or other matters which take only a few seconds of a lawyer's time. Audit Payments: The City reserves the right to audit the legal bills and work product and Outside Counsel agrees to cooperate in such an audit by the City or its designee. Payments made by the City sh~II not constitute a waiver of the right by the City to be reimbursed by the law firm if it is determined that the City has overpaid for these services. Paper Wars: I The City shall not pay for pointless discovery battles known as "paper wars" with opposing counsel. Such conduct is to be discouraged as it rarely helps the case. Depositions: The City expects you to keep the. costs of deposition transcripts to a minimum. When depositioris are taken and you receive the original, we will not pay the court reporter's fee for providing you with an extra copy. We expect you to make a photocopy of the original at your office. Likewise, when attending depositions of other parties or witnesses, we request that, if you believe a copy is necessary, you agree with plaintiff or eo-0efendant's counsel to share the cost of the original or a copy and simply photocopy the transcript. Prior written approval from us must be obtained before ordering any expedited original or expedited copy of a deposition tran~cript. GUIDELINES FOR OUTSIDE COUNSEL 5 (Rev. 11/01) Deposition Summaries:• • Unless specifically approved by City in advance, in writing, routine digesting or summarizing of depositions and documents should not occur. Deposition summaries, if approved, should be brief and should be done by the attorney who took the deposition. The City shall not pay for a paralegal or other lawyer to summarize the transcript until trial is imminent. We shall not pay for summaries which are in effect a complete regurgitation of everything said in the deposition. These are not summaries. We will pay for a detailed summary if done by the trial attorney in preparation for trial. Media Coverage The City generally does not authorize Outside Counsel to offer media comment on matters being handled for the City. Any media inquiries about the matter should be referred to City lead counsel or to the public affairs specialist designated by lead counsel who will determine whether any comment by Outside Counsel is appropriate. Litigation Planning and Evaluation: The partner in charge should provide a written assessment of the case within 45 days after referral, or less, if warranted by the circumstances and requested by the City. Additional written assessments should be provided at the close of the pleadings and at the completion of discovery. · The initial assessment shall include a strategic plan which details the available options for handling the matter, the major steps likely to be involved, the timing and sequence of the major steps, and the projected cost for each major phase of the representation. While City recognizes that many factors outside the control of counsel may affect the course of events and require revisions to the strategic plan, the City assumes that Outside Counsel will follow the plan and will remain within the cost projections unless the City lead counsel receives advance notice that departures .may be necessary and ~concu~. in Jhe recommendation. - - - The City expects the partner in charge to periodically review with City lead counsel the possible settlement of the dispute or the use of methods of alternate dispute resolution, and to remain alert to these options throughout the course of the matter. GUIDELINES FOR OUTSIDE COUNSEL 6 (Rev. 11/01) Litigation Status Reports:• • In addition to sending the City lead counsel copies of ruI significant correspondence, internal memoranda of fact or law, and Court filings, a quarterly Litigation Case Report should be forwarded to City lead counsel, even during periods of inactivity, on all prejudgmen~ matters. These reports are not necessary on matters which have been closed (settled, fully satisfied, dismissed, discharged, etc.) if you have previously notified our office, in writing; that the matter has been closed. On inactive matters (i.e., collection· litigation where a judgment has been obtained by the City and no writs or other activity by the firm are ongoiryg; or defense matters wherein no at issue memo has been filed and there has been no activity for 6 months), status reports are to be submitted annually on the anniversary date of the contract, rather than quarterly. Mandatory Settlement Conference and Trial Dates: The City must know that a particular matter is coming to trial or arbitration.sufficiently far in advance of the date so City can review the file in depth. Your status rep'orts should advise the City as to the date for mandatory settlement conferences as well as trial dates. Also, if certain witnesses will be required for trial, you must contact the City well in advance of the trial date so their availability can be determined. ' Preventative Advice: City views its use of Outside Counsel as a resource by which City can improve its ability to defend and represent the municipal corporation. Any thoughts' which you may have as to alternative ways in which the City can serve the public or preventative steps which may be taken to minimize future litigation will be appreciated. End of Guidelines (Rev. 1.1/01) #71806 GUIDELINES FOR OUTSIDE COUNSEL 7 (Rev. 11/01) • FIRST AMENDMENT • TO PROFESSIONAL SERVICES CONTRACT NUMBER----- . BETWEEN THE CITY OF LOS ANGELES AND THIS FIRST AMENDMENT to Contract Number of is .made and entered into by and between the City of Los Angeles, a municipal corporation (hereinafter referred to as the "City") acting through the Office of the City Attorney, (hereinafter referred to as the "City Attorney") and , an individual, hereinafter referred to as ("Outside Counsel"). WITNESS ETH WHEREAS, the City and the Outside Counsel have entered into a Contract wherein Outside Counsel agreed to , said Contract effective , which together with all amendments thereto shall hereinafter be referred to as the Contract; and WHEREAS, the Contract provides for amendments; and WHEREAS, the City and Outside Counsel are desirous of amending the Contract for the purpose of ______ WHEREAS, the amendment is necessary and proper to continue or complete certain activities authorized under the Contract. NOW THEREFORE, the City and Outside Counsel agree that the Contract be amended effective , as follows: AMENDMENT 1. Section 111, paragraph A, Appropriation of Funds, is amended to add the sum of $ and to read as follows: The Los Angeles City Council has appropriated $ for this Contract. The City will not pay Outside Counsel for any work done or costs incurred in excess of$ , unless additional Outside Counsel Amendment 1 #71902 ----~------ appropriations are made by the City Council• and an amendment to this Contract is executed by the parties. ~ ' 2. Except as herein amended, all other terms and conditions shall remain in full force and effect. 3. This amendment is executed in two (2) duplicate originals, each of which is deemed to be an original. This amendment consists of three (3) pages. Outside Counsel Amendment 2 #71902 IN WITNESS THEREOF,• the parties hereto have executed• this Agreement on the date indicated. THE CITY OF LOS ANGELES, a municipal corporation By------~ ROCKARD J. DELGADILLO City Attorney Date: ------ Outside Counsel By------~ Date:------ Approved as to form and legality: ROCKARD DELGADILLO, City Attorney BY------~ NOREEN VINCENT Assistant City Attorney Date:· ------ATTEST: J. MICHAEL CAREY, City Clerk By: ______Deputy Clerk City Business License number: ------ City Contract number: ------11so2 Outside Counsel Amendment 3 #71902 ,, STANDARD PROVISIONS FOR CITY• CONTRACTS PSC-1. Construction of Provisions and Titles Herein. All titles or subtitles appearing herein have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Contract shall be construed according to its fair meaning and not strictly for or against the CITY or the CONTRACTOR. The word "CPNTRACTOR" or "CONSJJLTANT" herein and in any amendments hereto includes the party or parties identified in the Contract wherein this Appendix is 'incorporated by reference; the singular shall include the plural; if there shall be more than one CONTRACTOR/CONSULTANT herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several; use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used. PSC-2. Number of Originals. The number of original texts of this Contract shall be equal to the number of the parties hereto, one text being retained by each party. PSC-3. Applicable Law. Interpretation and Enforcement. Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the CITY including but not limited to laws regarding health and safety, labor.and employment, wage and hours and licensing laws which affect employees. This Contract shall be enforced and interpreted under the laws of the State of California. CONTRACTOR/CONSULTANT shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Contract. If any part, term or pro_vision _of this Contract shall be held void, illegal, unenfo-rceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Contract, the validity of the remaining portions of provisions shall not be affected thereby. PSC-4. Time of Effectiveness. Unless otherwise provided this Contract shall take effect when all of the following events have occurred: A. This Contract has been signed on behalf of the CONTRACTOR/ CONSULTANT by the person or persons authorized to bind the CONTRACTOR/CONSULTANT hereto; Rev. 9/01 1 B. This Contract• has been approved by the CITY'S• Council or by the board, officer or employee authorized to give such approval; C. The Office of the City Attorney has indicated in writing ·its approval of this . Contract as to form and legality; D. This Contract has been signed on behalf of the CITY by the person designated to so sign by the CITY'S Council or by the board, officer or employee authorized to enter into this Contract. PSC-5. Integrated Contract. This Contra¢ sets forth all of the rights and duties of the parties with respect to the subject matter hereof, a_nd replaces any and all previous Contracts or understandings, whether written or oral, relating thereto. This Contract may be amended only as provided for in paragraph PSC-6 hereof. PSC-6. Amendment All amendments .hereto shall be in writing and signed by the persons authorized to bind the parties thereto. PSC-7. Excusable Delays. In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension. Circumstances deemed to be beyond the GOntrol of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires, floods; epidemics; quarantine restrictions; strikes, freight embargoes or delays in transportation, to the extent that they are not caused by tne-party's-willful-or negligent acts or omissions, and to the extent that they are beyond the party's reasonable control. PSC-8. Breach. Except for excusable delays, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are.cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated. Rev. 9/01 2 PSC-9. Waiver.• • A waiver of a default of any term of this Contract shall not be construed as a waiver of any succeeding default or as a waiver of the provision itself. A party's performance after the other party's default shall not be construed as a waiver of that default. PSC-10. Independent CONTRACTOR/CONSULTANT. The CONTRACTOR/CONSULTANT is acting hereunder as an independent contractor and not as an agent or employee of the CITY. The CONTRACTOR/ CONSULTANT shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the CITY. PSC-11. Prohibition Against Assignment or Delegation. The CONTRACTOR/CONSULTANT may not, unless it has first obtained the written permission of the CITY; A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. PSC-12. Permits. The CONTRACTOR/CONSULTANT and its officers, agents and employees shall obtain and maintain all licenses, permits, certifications and other documents necessary for the CONTRACTOR'S/CONSULTANT'S performance hereunder and shall pay any fees required therefor. CONTRACTOR/CONSULTANT certifies to immediately notify the CITY of any suspension, termination, lapses, non-renewals, or restrictions of licenses, permtts, certificates, or other documents. PSC-13. Nondiscrimination and Affirmative Action, The CONTRACTOR/CONSULTANT shall comply with the applicable nondiscrimination and Affirmative Action provisions of the laws of the United States of America, the State of California, and the CITY. In performing this Contract, the CONTRACTOR/CONSULTANT shall not discriminate in its employment practices against any employee or applicant for e·mployment because of such person's race, religion, national origin, ancestry, sex, sexual orientation, age, disability, domestic partner status, marital status or medical condition. The CONTRACTOR/CONSULTANT shall comply with the provisions of the Los Angeles Administrative Code Sections 10.8 Rev. 9/01 3 through 10.13, to the extent• applicable hereto. The CONTRACTOR/CONSUL• TANT shall also comply with all rules, regulations, and policies of the CITY'S Board of Public Works, Office of Contract Compliance relating to nondiscrimination and Affirmative Action, including the filing of all forms required by said Office. Any subcontract entered into by the CONTRACTOR/CONSULTANT relating to this Contract, to the extent allowed hereunder, shall be subject to the provisions of this paragraph. Failure of the CONTRACTOR/CONSULTANT to comply with this requirement or to obtain the . compliance of its subcontractors with such obligations shall subject the CONTRACTOR/CONSULTANT to the imposition of any and all sanctions allowed by law, including but not limited to termination of the CONTRACTOR/CONSULTANT'S contract with the CITY. PSC-14. Claims for Labor and Materials.· The CONTRACTOR/CONSULTANT shall promptly pay when due all amounts payable for labor and materials furnished in,the performance of this Contract so as to prevent any l,ien or other claim under any provision of law from arising against any CITY property (including reports, documents, and other tangible matter produced by the CONTRACTOR/CONSULTANT hereunder), against the CONTRACTOR'S/CONSULTANT'S rights to payments hereunder, or against the CITY, and shall pay all amounts due under the Unemployment Insurance Act with respect to such labor. PSC-15. Current Los Angeles City Business Tax Registration Certificate Reguired, The CONTRACTOR/CONSULTANT represents that it has obtained and presently holds the Business Tax Registration Certificate(s) required by the CITY'S Business Tax Ordinance (Article 1, Chapter 2, sections 21.00 and following, of the Los Angeles Municipal Code). For the term covered by this Contract, the CONTRACTOR/CONSULTANT shall maintain, or obtain as necessary, all such Certificates required of it under said-ordinance and shall not allow any such Certificate _ to be revoked or suspended. · PSC-16. Bonds. Duplicate copies of all bonds which may be required hereunder shall conform to CITY requirements established by Charter, ordinance or policy and shall be filed with the Office of the City Attorney for its review in accordance with Los Angeles Administrative Code Sections 11.47 through 11.56. Rev. 9/01 4 PSC-17. Indemnification.• • Except for the active negligence or willful misconduct of CITY, CONTRACTOR/CONSULTANT undertakes and agrees to defend, indemnify and hold harmless CITY and any of its Boards, Officers, Agents, Employees, Assigns, and Successors in Interest from and against all ·suits and causes of action, claims, losses; demands and expenses, including, but not limited to, ~ttorney's fees and cost of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including CONTRACTOR'S/CONSULTANT'S employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of the negligent acts, errors, omissions or willful misconduct incident to the performance of this Contract by the CONTRACTOR/CONSULTANT or its SUBCONTRACTORS of any tier. The provisions of this paragraph shall survive termination of this Contract. PSC-18. Insurance. A. General Conditions During the term of this Contract and without limiting CONTRACTOR'S/CONSULTANT'S indemnification of the CITY, CONTRACTOR/CONSULTANT shall provide and maintain at its own expense a program of insurance having the coverages and limits customarily carried and actually arranged by CONTRACTOR/ CONSULTANT but not less than the amounts and types listed on the Insurance Requirements Sheet (Form Gen 146/IR in Exhibit 1 hereto covering its operations hereunder. Such insurance shall conform to City requirements established by Charter, ordinance or policy, shall comply with the instructions set forth on Form General 133 and with the conditions set forth on the applicable City Special Endorsement form(s), copies of which are included in Exhibit 1, and shall otherwise be in a Jorm ~cceptaQle tq. ttae City Attorney. ~ Specifically, such insurance shall: 1) protect City as an Insured or an Additional Interest Party, or a Loss Payee As Its Interests May Appear, respectively, when such status is appropriate and available depending on the nature of the applicable coverages; 2) provide City at least thirty (30) days advance notice of cancellation, material reduction in coverage or reduction in limits when such change is made at the option of the insurer; and 3) be primary with respect to City's insurance program. Except when City is a named insured, CONTRACTOR'S/CONSULTANT'S insurance is not expected to respond to claims which may arise from the acts or omissions of the CITY. Rev. 9/01 5 B. Modification• of Coverage • CITY reserves the right at any time during the term of this Contract to change the amounts and types of insurance required hereunder by giving CONTRACTOR/CONSULTANT ninety (90) days advance written notice of such change. If such change should result in substantial additional cost to the CONTRACTOR/CONSULTANT, CITY agrees to negotiate additional compensation proportional to the increased benefit to CITY. C. Failure to Procure Insurance All required insurance must be submitted and approved by the CITY.Attorney. prior to the inception of any operations or tenancy by CONTRACTOR/CONSULTANT. The required coverages and limits are subject to availability on the open market at reasonable cost as determined by CITY. Non-availability or non-affordability must be documented by a letter from CONTRACTOR'S/CONSULTANrS insurance broker or agent indicating a good faith effort to place the required insurance and showing as a minimum the names of the insurance carriers and the declinations or quotations received from each. Within the foregoing constraints, CONTRACTOR'S/ CONSULTANT'S failure to procure or maintain required insurance or a self-insurance program during the entire term of this Contract shall constitute a material breach of this Contract under which CITY may immediately suspend or terminate this Contract or, at its discretion, procure or renew such insurance to protect CITY'S interests and pay any and all premiums in connection therewith and recover all monies so paid from CONTRACTOR/CONSULTANT. o: Worker's -compensation By .signing this Contract, CONTRACTOR/CONSULTANT hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self insurance in accordance with the provisions of that Code, and that it will comply with such provisions at all such times as they may apply during the performance of the work pursuant to this Contract. A Waiver of Subrogation in favor of CITY will be required when work is performed on CITY premises under hazardous conditions. Rev. 9/01 6 PSC-20. Compliance• with Year 2000. • CONTRACTOR/CONSULTANT assures that all hardware, software and other computer-related products and/or services purchased or leased for the CITY ,under this Contract shall be Year 2000 compliant. These systems/products shall be able to accurately process date/data, including calculating and/or comparing data between the twentieth and twenty-first centuries, years 2000, and leap year calculations to the extent that other information technology used in combination is compatible. PSC-21. Living Wage Ordinance and Service Contractor Worker Retention , Ordinance. A. Unless otherwise exempt in accordance with the provisions of this Ordinance, this Contract is subject to the applicable provisions of the Living Wage Ordinance (LWO) Section 10.37 et. seq. of the Los Angeles Administrative Code, as amended from time to time. and the Service Contractor Worker Retention Ordinance (SCWRO), Section 10.36 et.seq., of the Los Angeles Administrative Code, as amended from time to time. 1. Payment of a minimum initial wage rate to employees as defined in the LWO and as may be adjusted each July 1 and provision of benefits as defined in the LWO. 2. CONTRACTOR/CONSULTANT further pledges that it will comply with federal law proscribing retaliation for union organizing and will not retaliate for activities related to the LWO. CONTRACTOR/CONSULTANT shall require each of its subcontractors within the meaning of the LWO to pledge to comply with the terms of federal law proscribing retaliation for union organizing. CONTRACTOR/CONSULTANT shall deliver the executed pledges from each-such -subcontractor to the City within ninety days of the execution of the · subcontract. CONTRACTOR'S/CONSULTANT'S delivery of executed pledges from each such subcontractor shall fully discharge the obligation of the CONTRACTOR/ CONSULTANT with respect to such pledges and fully discharge the obligation of the CONTRACTOR/ CONSULTANTto comply with the provision in the LWO contained in Section 10.37.6c concerning compliance with such federal law. Rev. 9/01 8 3. The• CONTRACTOR/CONSUL TANT, • whether an employer, as defined in the LWO, or any other person employing individuals, shall not discharge, reduce in compensation, or otherwise discriminate against any employee for complaining to the City with regard to the employer's compliance or anticipated compliance .with the LWO, for opposing any practice proscribed by the LWO, for participating in proceedings related to the LWO, for seeking to enforce his or her rights under the LWO by any lawful means, or otherwise asserting rights under the LWO. CONTRACTOR/CONSULTANT sh.all post the Notice of Prohibition Against R~taliation provided by the City. 4. Any subcontract entered into by the CONTRACTOR/ CONSULTANT relating to this Contract, to the extent allowed hereunder, shall be subject to the provisions of PSC 21 and shall incorporate the provisions of the LWO and the SCWRO. 5. CONTRACTOR/CONSULTANT shall comply with. all rules, regulations and policies promulgated by the designated administrative agency which may be amended from time to time. B. Under the provisions of Section' 10.36.3(c) and Section 10.37.S(c) of the Los Angeles Administrative Code, the CITY shall have the authority, under appropriate circumstances, to terminate this Contract and otherwise pursue legal remedies that may be available if the CITY determines that the subject CONTRACTOR/CONSULTANT has violated provisions of the LWO and the SCWRO. - C. Where under the LWO Section 10.37. 6 (d), the designated administrative agency has determined (a) that the CONTRACTOR/CONSULTANT is in violation of the LWO in having failed to pay some or all of the living wage, and (b) that such violation nas gone uncured, the awarding authority in such circumstances may impound monies otherwise due the CONTRACTOR/CONSULTANT in accordance with the following procedures. lmpoundment shall mean that from monies due the CONTRACTOR/CONSULTANT, the awarding authority may deduct the amount determined to be due and owing by the CONTRACTOR/CONSULTANT to its employees. Such monies shall be placed in the holding account referred to in LWO Section Rev. 9/.01 9 10.37.6• (d) (3) and disposed of under procedures• there described through final and binding arbitration. Whether the CONTRACTOR/ CONSULTANT is to continue work following an impoundment shall remain in the unfettered discretion of the awarding authority. The CONTRACTOR/CONSULTANT may not elect to discontinue work either because there has been an impoundment or because of the ultimate disposition of the impoundment by the arbitrator. Earned Income Tax Credit This Contract is subject to the provisions of Section 10.37.4 of the Los Angeles Administrative Code, requiring employers to inform employees making less than Twelve Dollars ($12.00) per hour of their possible right to the federal Earned.Income Tax Credit {EITC). f;mployers must further make available to employees the forms required to secure advance EITC payments from employers. PSC- 22. Americans with Disabilities Act The CONTRACTOR/CONSULTANT shall comply with the Americans with Disabilities Act 42 U.S.C. Section 12101 et seq. and with the provisions of the Certification Regarding Compliance with the Americans with Disabilities Act which is attached hereto as Exhibit 3 and incorporated herein by this reference. PSC- 23. Retention of Records. Audit and Reports. CONTRACTOR/CONSULTANT shall maintain records, including records of financial transactions, pertaining to the performance of this Contract, in their original form, in accordance with requirements prescribed by the CITY. These records shall be retained for a period of no less than three years following final payment made by the CITY hereunder or the expiration date of this contract, whichever occurs last. Said records shall be,subjectto·examination and audit by authorized City personnel orby the City's representative at any time during the term of this contract or within the three years following the final payment made by the CITY hereunder or the termination date of this contract, whichever occurs last. CONTRACTOR/CONSULTANT shall provide any reports requested by the CITY regarding performance of this Contract. PSC-24. Discount Terms CONTRACTOR/CONSULTANT agrees to offer the CITY any discount terms that are offered to its best customers for the goods and services to be provided herein and apply such discount to payments made under this Agreement which meet the discount terms. Rev. 9/01 10 ------ PSC-25. Contractor• Responsibility Ordinance • Unless otherwise exempt in accordance with the provisions of the Ordinance, this Contract is subject to the provisions of the Contractor Responsibility Ordinance, Section 10.40 et seq., of Article 14, Chapter 1 of Division 10 of the Los Angeles Administrative Code, which requires CONTRACTOR/CONSULTANT to update its responses to the responsibility questionnaire within thirty calendar days after any change to the responses previously provided if such change would affect CONTRACTOR'S/CONSULTANT'S fitness and ability to continue performing the contract. In accordance with the provisions of this Ordinance, by signing this Cor:-itract, CONTRACTOR/CONSULTANT pledges, under penalty of perjury, to comply with all applicable federal, state and local laws in the performance of this contract, including but not limited to, laws regarding health and safety, labor and employment, wages and hours, and licensing laws which affect employees. The CONTRACTOR/ CONSULTANT further agrees to: 1) notify the awarding authority within thirty calendar days after receiving notification that any government agency has initiated an - investigation which may result in a finding that the CONTRACTOR/CONSULTANT is not in compliance with all applicable federal, state and local laws in performance of this contract; 2) notify the awarding authority within thirty calendar days of all findings by a government agency or court of competent jurisdiction that the CONTRACTOR/ CONSULTANT has violated the provisions of Section 10.40.3(a) of the Ordinance; 3) ensure that its subcontractor(s), as defined in the Ordinance, submit a Pledge of ,. Compliance to awarding authorities; and 4) ensure that its subcontractor(s), as defined in the Ordinance, comply with the requirements of the Pledge of Compliance and the requirement to notify Awarding Authorities within thirty calendar days after any government agency or court of competent jurisdiction has initiated an investigation or has found that the subcontractor has violated Section 10.40.3(a) of the Ordinance in performance of the subcontract. 1 PSC-26. Warranty and Responsibility of CONSULTANT/CONTRACTOR CONSULTANT/CONTRACTOR warrants that the work performed hereunder shall be completed in a manner consistent with professional standards practiced among those firms within CONTRACTOR'S/CONSULTANT'S profession, doing the same or similar work under the same or similar circumstances. PSC-27. Minority, Women. And Other Business Enterprise Outreach Program CONTRACTOR/CONSULTANT agrees and obligates itself to utilize the services of Minority, Women and Other Business Enterprise firms on a level so designated in its proposal, if any. CONTRACTOR/CONSULTANT certifies that it has complied with Rev. 9/01 11 . Mayoral Directive 2001-26• regarding the Outreach Program• for Personal Services Contracts Greater than $100,000, if applicable. CONTRACTOR/CONSULTANT shall not change any of these designated subconsultants, nor shall CONTRACTOR/ CONSULTANT reduce their level of effort, without prior written approv~I of the CITY, provided that such approval shall not be unreasonably withheld. PSC-28. Ownership Unless otherwise provided for herein, all documents, material, data, and reports originated and prepared by CONTRACTOR/CONSULTANT under this contract shall be and remain the property of the CITY for its use in any manner it deems appropriate .. PSC-29. Equal Benefits Ordinance. Unless otherwise exempt in accordance with the provisions of this Ordinance, this Contract is subject to the Equal Benefits Ordin~mce, Section 10.8.2.1 of Article 1, Chapter 1 of Division 1O of the Los Angeles Administrative Code. A. CONTRACTOR/ CONSULTANT shall comply with the Equal Benefits Ordinance during the performance of this contract and the CONTRACTOR/ CONSULTANT certifies and represents that the CONTRACTOR/CONSULTANT will provide equal benefits to its employees with spouses and its employees with domestic partners during the term of this Contract. 1. The CONTRACTOR/CONSULTANT agrees to post a c9py of Paragraph A hereof in conspicuous places at its place of business available to employees and applicants for employment. 2. The CONTRACTOR/CONSULTANT shall permit access to and may be required to provide certified copies of all of its records pertaining to employment and to its employment practices to the awarding authority, or to the City Administrative Officer, for the purpose of investigation to ascertain compliance with the Equal Benefits Provisions of this contract, and on their or either of their request to provide evidence that it has complied or will comply therewith. 3. The failure of any CONTRACTOR/CONSULTANT to comply with the Equal Benefits Provisions of this Contract may be deemed to be a material breach hereof. Such failure shall only be established upon a finding to that effect by .the awarding authority, on the basis of its own investigation or Rev. 9/01 12 that• of the City Administrative Officer.• No such finding shall• be made except upon a full and fair hearing after notice and an opportunity to be heard has been given to the CONTRACTOR/CONSULTANT. 4. Upon a finding duly made that the CONTRACTOR/ CONSULTANT has breached the Equal Benefits Provisions of this contract, this Contract may be forthwith canceled, terminated or suspended, in whole or in part, by the awarding authority, and all monies due or to become due hereunder may be forwarded to and retained by the City of Los Angeles. In addition thereto, such breach may be the basis for a.determination by the awarding authority or the City Administrative Officer that said CONTRACTOR/ . CONSULTANT is an irresponsible bidder pursuant to the provisions of Section 371, of the Los Angeles City Charter. In the event of such determination, such CONTRACTOR/ CONSULTANT shall be disqualified from being awarded an Contract with the City of Los Angeles for a period of two years, or until if shall establish and carry out a program in conformance with the provisions hereof. 5. Notwithstanding any other provisions of this Contract, the City of Los Angeles shall have any and all other remedies at law or in equity for any breach hereof. 6. Nothing contained in this Contract shall be construed in any manner so as to require or permit any act which is prohibited bylaw. 7. The equal benefits requirements of this section shall not applyJo. collective bargaining_agreements in.effect prior to the effectiye date of Section 10.8.2.1 of the Los Angeles Administrative Code. Amendments, extensions or other modifications of such collective bargaining agreements, occurring subsequent to the effective date of that section, shall incorporate the equal benefits requirements of that section. 8. All CONTRACTORS/CONSULTANTS subject to the provisions of this section shall include a like provision in all subcontracts awarded for work to be performed under the contract with the CITY and shall impose the same obligations, including but not limited to filing and reporting obligations, on the subcontractors as are applicable to the Rev. 9/01 13 contractor.- Failure of the CONTRACTOR/• CONSULTANT to comply with this requirement or to obtain the compliance of its subcontractors with all such obligations shall subject the CONTRACTOR/CONSULTANT to the imposition of any and all sanctions allowed by law, including but not limited to termination of the CONTRACTOR'S/CONSULTANT'S contract with the CITY. Rev. 9/01 14 e EXHIBIT 1 INSURANCE REQUIREMENTS (Share this information with your insurance agent or broker.) Person to Contact Direct all correspondence, questions, requests for additional forms, etc., to the contact person listed here or to the department that administers your contract, lease or permit: GENERAL INFORMATION 1.Project ID All submissions must identify the nature of your business with the City. Clearly show any assigned number of a bid, contract, lease, permit; etc. or give the project name and the job site or street address to ensure that your submission will be properly credited. Provide the types of coverage and dollar amounts specified on the Insurance Requirements Sheet (Form Gen. 146) included in your City documents. 2. When to submit Normally, no work or occupancy may begin until a City Attorney insurance approval number has been obtained, so documents should be submitted as early as practicable. For As-needed Contracts, insurance need not be submitted until a specific job has been awarded. Design Professionals coverage for new construction work may be submitted simultaneously with final plans and drawings but before construction commences. 3. Availability of Insurance Coverages and limits are subject to availability on the open market at reasonablercost as determined by the City. For requirements to be relaxed or waived, your broker or agent must document non-availability or non-affordability in a letter to the City. It must show a good faith effort to place the required insurance, must list the names of the insurance carriers contacted and show the declinations or cost indications received from each. 4. Alternative Programs/Self-Insurance Risk financing mechanisms such as Risk Retention Groups,· Risk Purchasing Groups, off-shore carriers, captive insurance programs and self-insurance programs are subject to separate approval after the City has reviewed their financial statements. ADMINISTRATIVE REQUIREMENTS 5. California Licensee All insurance must be provided by an insurer admitted to do business in California or written through a California-licensed surplus lines broker. Non-admitted coverage must contain a Service of Suit clause in which the Rev. 9/01 15 - EXHIBIT 1 - Cont. - INSURANCE REQUIREMENTS underwriters agree to submit as necessary to the jurisdiction of a California court in the event of a coverage dispute. Service of process for this purpose must be allowed upon an agent in California designated by the insurer or upon the California Insurance Commissioner. ~. Aggregate Limits/Impairment If any of the required insurance coverages contain annual aggregate limits, you must give the City notice of any pending claim or lawsuit which may diminish the aggregate. You must take steps to restore the impaired aggregates or provide replacement insurance protection. The City has the option to specify the minimum acceptable aggregate limit for each line of coverage required. No substantial reductions in scope of coverage which may affect City's protection are allowed without City's prior written consent. 7. Signature All submissions must bear th~ manual autograph in ink of a person with authority to birid coverage. Signatures which are rubber stamped, mechanically reproduced, initialed by others or photocopied are not acceptable. POLICY CONDITIONS 8. Additional Insured/Loss Payee The City must be included as an additional insured in applicable liability policies to cover the City's vicarious liability for the acts or omissions of the named insured. Such coverage is not expected to.respond to the active negligence of the City. The City is to be .named a Loss Payee As Its Interests May Appear in property insurance in which the City has an interest, e.g., as a lien holder. 9. Notice of Cancellation You agree contractually to maintain all required insurance in full force for the duration of your business with the City By ordinance, all required insurance mustprovide at least30 days~ prior notice.directly to the City-by receipted delivery (certified mail, courier or in-person delivery) if your insurance company elects to cancel or reduce coverage prior to the policy expiration date. This also applies when the scope of coverage which affects the City's interest is to be reduced or when the dollar limits of coverage are to be reduced for any reason except impairment of an aggregate limit due to prior claims. Submissions not meeting this requirement will be rejected. 10. Primary Coverage The coverage must be primary with respect to any insurance or self insurance of the City. The City's program shall be excess of this insurance and non-contributing. Rev. 9/01 16 - EXHIBIT 1 - Cont - INSURANCE REQUIREMENTS · 11. Separation of Insureds (Severability of Interest) In construction contracts, the City must be able to retain its rights as a potential claimant as well as to be protected as an additional insured for vicarious liability to third party claimants except with respect to the insurance company's limits of liability. PROCEDURES 12. Acceptable Evidence and Approval City Special Endorsement forms completed by your insurance company or its designee are the, preferred form of evidence of insurance. (Note:The City forms are acceptable to the Calif. Department of Insurance from any insurance carrier. They need not be re-filed by individual insurance companies.) Altered form_s may not be accepted but the "Other Provisions" box on the City forms, may be used, as necessary, to provide pertinent information such as important exclusions, specific provisions or scheduled location~/equipment. Additional pages may be attached for this purpose, as well. If they are, make note of it in this box. An acceptable alternative to the Special Endorsement form is a certified copy of full insurance policy which contains a 30-day cancellation notice provision and additional-insured or loss-payee status, when appropriate, for the City. Binders and Cover Notes are also acceptable as interim evidence for up to 90 days. However, non-binding documents such as broker letters and Certificates of Insurance are not acceptable as stand-alone evidence of coverage. Certificates are acceptable for the following purposes: 1) supplemental information to accompany endorsements; renewals or extensions of coverage already on file with the City; 2) for the naming of third-party, additional insureds; 3) as an indication of compliance with statute, such as Workers' Compensation Law or the California Financial Responsibility Law for Automobile Liability, 4) as proof of coverage beyond City requirements or which does not directly relate to the City's interests. 13. Renewal When an existing policy is timely renewed, submit a renewal endorsement or a manually-signed Certificate of Insurance. However, if your policy number changes or you use a different underwriting company (insurer) you must submit new evidence which meets the policy conditions listed in Sections 7 through 10 of this information sheet. COVERAGE INFORMATION 14. Dollar Limits of required insurance are sometimes set by statute or ordinance. When there is no specific amount required by law, limits are based on the amount of risk to the City from the contractor; vendor or permittee's activities. Rev. 9/01 17 - - EXHIBIT 1 - Cont. INSURANCE REQUIREMENTS 15. General Liability insurance covering your operations (and products, where applicable) is required whenever the City.is at risk of third party claims which may arise out of your work or your presence on City premises. Contractual liability coverage is a required inclusion in this insurance. (See separate information sheet on the City's SPARTA program as an optional source of low-cost insurance which meets all requirements.) 16. Automobile Liabi,ity insurance is required only where vehicles are used in performing the work of your Contract or where they are driven off-road on City premises; it is not required for simple commuting unless City is paying mileage. However, compliance with California law requiring auto liability insurance is a contractual requiren:1ent. 17. Errors and Omissions coverage will be specified on a project-by-project basis if you are working as a licensed professional. The length of the claims discovery ·period required will vary VJith the circumstances of the individual job. 18. Workers' Compensation and Employer's Liability insurance are not required for single-person contractors. However, under state law these coverages (or a copy of the state's Consent To Self Insure) must be provided if you have any employees at any time during the period of this contract. Waiver of Subrogation on the coverage is required only for jobs where your employees are working on City premises under hazardo~s conditions, e.g., uneven terrain, scaffolding, caustic chemicals, toxic materials, power tools, etc. 19. Property Insurance is required for persons having exclusive use of premises or equipment.owned or controlled by the City. Fire Legal Liability is required for persons occupying a portion of City premises. 20. Surety coverage may be required to guarantee performance of work. A Fidelity bond may be required to handle City funds, high value property and under certain other conditions. Specialty coverages may be needed for certain operations. Rev. 9/01 18 - EXHIBIT 1 - Corit - INSURANCE REQUIREMENTS Name:------Date:------Contract/Reference: _____....;....______ Evidence of coverages chec~ed having as a minimum the limits shown must be submitted and approved prior to occupancy/start of operations. Amounts shown are Combined Single Limit. Split limits may be substituted if the total per occurrence equals or exceeds the CSL amount. ( ) Workers' Compensation (statutory)/Employer's Liability $ ______( ) Broad Form All States Endorsement ( ) Jones Act ( ) Voluntary Compensation Endorsement ( ) ------( ) Longshore and Harbor Workers' Compensation Act ( ) Aircraft Liability $____ _ ( ) Aviation/Airport Liability $___ _ ( ) General Liability $____ _ ( ) Automobile Liability $ _____ If automobile is used in Contract ( ) Passenger Liability (per seat) $ ____ ( ) Premises and Operations ( ) Explosion Hazard ( ) Contractual Liability ( ) Collapse/Underground Hazard ( ) Independent Contractors ( ) Garagekeeper's Legal LiabiJity ( ) Products/Completed Operations ( ) Hangarkeeper's Legal Liability ( ) Broad Form Property Damage ( ) Owned Automobiles ( ) Personal Injury ( ) Nonowned/Hired Automobiles ( ) Broad Form Liability Endorsement ( ) Hookup (limited) ( ) Watercraft Liability ( ) Incidental Medical Malpractice ( ) Professional Liability (Errors and Omissions) $ _____ Discovery period:------ ( ) Property Insurance $ ______( ) Fine Art Floater$______( ) All Risk Coverage ( ) Boiler & Machinery ( ) Fire and Extended Coverage ( ) Debris Removal ( ) Vandalism & Malicious Mischief ( ) Sprinkler Leakage Rev. 9/01 19 - EXHIBIT 1 - Cont - INSURANCE REQUIREMENTS ( ) Flood $ _____ ( ) Windstorm ( ) Earthquake $ ______( ) ______ ( ) Fire Legal Liability $ ____ If Contractor leases City property or has construction loans for Contractors, Vendors, Lessees and Permittees doing business with the City of Los Angeles ( ) Crime Insurance $ _____ ( ) Comprehensive Dishonesty Disappearance & Destruction (· ) Blanket Crime ( ) Fidelity B~md $ _____ or 1/12 of total funding of all contracts whichever is greater ( ) Blanket Position ( ) Commercial Blanket ( ) _____ ( ) Owner's Protective Liability $ _____ ( ) Ocean marine Liability $_____ ( ) Ocean Cargo $ _____ ( ) Protection & Indemnity ( ) Jones Act ( ) lnchmaree ( ) Running Down Clause ( ) Wharfinger's Liability ( ) Charterer's Legal Liability ( ) Pollution ( ) Ship Repairer's· Liability ( ). ______ Notes:------ Rev. 9/01 20 EXHIBIT 2 CERTIFICATION- OF COMPLIANCE WIT~ CHILD SUPPORT- OBLIGATIONS This document must be returned with the Proposal/Bid Response The undersigned hereby agrees that ______will: Name of Bµsiness/Borrower 1. Fully comply with all applicable State and Federal employment reporting requirements for its employees. 2. Fully comply with and implement all lawfully served Wage and Earnings Assignment Orders and Notices of Assignment. 3. Certify that the principal owner(s) of the business/the Borrower are in compliance with any Wage and Earnings Assignment Orders and Notices of Assignment applicable to them personally. 4. Certify that the business/Borrower will maintain such compliance throughout the term of the contract. 5. This certification is a material representation of fact upon which reliance was placed when the parties entered into this transaction. 6. The undersigned shall require that the langu~ge of this Certification be included in all subcontracts and that all subcontractors shall certify and disclose accordingly. To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at : City/County/State Date\ ______ Name of Business Address Signature of Authorized Officer or Representative Print Name Title Telephone Number Rev. 9/01 21 EXHIBIT 3 CERTIFICATION- REGARDING COMPLIANCE- WITH THE AMERICANS WITH DISABILITIES ACT The undersigned certifies, that to the best of his/her knowledge and belief, that: 1. The Contractor/Borrower/Agency (hereafter Contractor) is in compliance with and will continue to comply with the Americans with Disabilities Act 42 U.S.C. 12101 et~ and its implementing regulations. 2. The Contractor will provide for reasonable accommodations to allow qualified individuals with disabilities to have access to and participate in its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act. 3. The Contractor will not discriminate against persons with disabilities nor against persons due to their relationship or association with ~ person with a disability. 4. The Contractor will require that the language of this certification be included in the award documenps for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative Contracts) and that all subrecipients shall certify and disclose accordingly. · 5. This.certification is a material representation of fact upon which reliance was placed when the parties entered into this transaction. Contract NUMBER ______ CONTRACTOR/BORROWER/AGENCY NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE______----DATE ______ Rev. 9/01 22 · -... Office of the City Administrative Officer · ..A Contractor Enforcement §aon .., 200 North Main Street, R~06 Los Angeles, CA 90012 Phone: (213) 485-3514-Fax: (213) 485-0672 Mail Stop 132 -Room.606 CONTRACTOR EVALUATION FOR SERVICE CONTRACTS DEPARTMENT INFORMATION City Department: I Date Evaluated: Name & Title of Dept. Evaluator: Evaluator's Signature: I Phone: Name & Title of Supervisor Approving Evaluation: Supervisor's Signature: I Date Approved: COMPANY INFORMATION Name of Company: Contract Number: Company's Contact Person: Phone: Company Street Address: City: State: I Zip: Contract Term - Start Date: End Date: . Total Dollar Amount of Contract: Service Provided by Company: The City representative most familiar with the contractor's work performance must complete this evaluatior. submit to the Office of the City Adminstrative Officer (CAO) a draft for review within 14 calendar days o contract's end date. After the evaluation is finalized, if the evaluation contains a Marginal or Unsatisfa1 rating, the CAO will transmit a copy to the contractor who will be given 14 calendar days to respond. The evaluation, and any response from the contractor, will be available to deparbnents to be used as a refer< check after departments have selected a contractor through an evaluation process. The following list provides a basic set of evaluation criteria that should be applicable to any service contra Narrative responses are required to support some of the assessment ratings and must be attached to evaluation.· If a narrative response is required, indicate before each narrative the number of the questio1 which th~- respoJ1~E!. is_ beil}g_prqvided. Any available suppo~ng d.ocurnentation to justify any Margim Unsatisfactory ratings must also be attached. Assessment Ratings: Very Good - Performance exceeded contractual requirements. Satisfactory - Performance met contractual requirements. {The contractual performance being assessed 1 or may not have reflected some minor problems for which corrective actions taken by the contractor v, satisfactory.) Marginal - Performance did not meet some contractual requirements or performance met contrac requirements but only after extensive corrective action was required. {The contractual performance be assessed reflected a serious problem. The contractor's corrective actions were only marginally effectiv£ were not fully implemented.) · Unsatisfactory - Performance did not meet contractual requirements. The contractual performance bE assessed reflected serious problems for which the contractor's corrective actions were ineffective. l Ccntrac::i, E:·.21uat:on. rcrm C,\0/CE:P. Rev. 7.15;01 Pagf - -woRK-f"t:r"OJ"(IVIANl.,C . 1. Did the contractor pert.of the work required by the contract? Yes No · If "No," specify on the ent work the contractor failed to··; cite any problems D D ' or delays encountered, and the reason for delay(s). Provide documentation. a. Did the contractor perform the work.in the method required by the contract? If "No," Yes No explain on the attachment. Provide documentation. D 0 ! 2. Was the work performed by th.e contractor accurate and complete? Yes No If "No," explain on the attachment and provide documentation. Complete (a) and (b) D 0 below. . a. Were corrections requested? If "Yes," specify the date(s) and reasons(s) for the Yes No correction(s). Provide documentation. D D b. If corrections were requested, did the contractor make the corrections as requested? Yes No If "No," explain on the attachment. Provide documentation. D D 3; Was the contractor responsive to City statrs comments and concerns regarding the work Yes No performed or the work product delivered? D D If "No," explain on the attachment. Provide documentation. ' 4. Were there other significant issues related to 'Work Performance?" Explain on the Yes No attachment. Provide documentation. D D 5. Overall how did the contractor rate on Work Performance? Your Overall Rating for this category must be consistent with the responses to the questions given above regarding Work Performance. Very Good D Satisfactory 0 Marginal D Unsatisfactory D TIMELINESS 6. Old the contractor complete each portion of the work within the time required by the Yes No contract (including time extensions or amendments)? 0 D If "No," explain on the attachment why the work was not completed according to schedule. Provide documentation. ~ - - ~ - - - - 7 Was the contractor required to provide a service in accordance with an established Yes No schedule (such as for security, maintenance, custodial, etc.)? 0 0 lf"No" or "Not Applicable," go to Question #8. If "Yes," complete (a) below. a. Were the services provided within the days and times scheduled? If "No," explain on Yes No the attachment and specify the dates the contractor failed to comply with this D D requirement (such as tardiness, failure to report, etc.). Provide documentation 8. Were there other significant issues related to "Timeliness?" Explain on the attachment. Yes No ' Provide documentation. 0 D 9. Overall, how did the contractor rate on Timeliness? l Your Overall Rating for this category must be consistent with the responses to the questions given above regarding Timeliness. Very Good D Satisfactory D Marginal D Unsatisfactory D .. Contractor E·:2!1.Lt::: .. =·:er:- : ..:.c C::= =:.e,.,. :-·s.:01 • t-lNAN\.iJAL 10. Were the con~ractor's • accurate and reflective of th_e con.yment terms? Yes No If "No," explain on the . ment. Provide documentation of . ences and amounts D D (such as corrected invoices). 11. Were there any amendments to increase the contract amount? Yes No If "Yes," list the original contract amount, the final contract amount (inclusive of all D D amendments), the number of amendments, and explain on the attachment the reason for the amendment(s). Original Amt.: $. Final Amt.: $ # of Amendments: 12. Were there other significant issues related to "Financial?" Explain on the attachment. Yes No Provide documentation. D D 13. Overall, how did the contractor rate on Financial ·issues? Your Overall Rating for this category 'must be consistent with the responses to the questions given above regarding Financial issues. Very Good D Satisfactory D Marginal D Unsatisfactory D COMMUNICATION 14. Was the contractor responsive to the City's questions, requests for information, etc.? Yes No If "No," explain on the attachment. D D 15. Did the contractor communicate with City staff clearly and in a timely manner regarding: a. Notification of any significant issues that arose? If "No," explain on the attachment. Yes No D D b. Staffing issues (changes, additions, replacements, etc.)? If "No," explain on the Yes No attachment. D D C. Periodic progress reports as required by the contract (both verbal and written)? If Yes No "No," explain on the attachment. D 0 _, d. Billing disputes? If "No," explain on the attachment. ~ Yes_ No - D 0 e. Proposed contract amendments? If "No," explain on the attachment. Yes No r D D 16. Were there other significant issues related to "Communication?" Explain on the Yes No r attachment. Provide documentation. D 0 17. Overall, how did the contractor rate o·n Communication issues? r Your Overall Rating for this category must be consistent with the responses to the questions given above regarding Communication issues. Very Good D Satisfactory D Marginal D Unsatisfactory 0 EXPERTISE . 18. Oid the personnel ass.by the contractor have the expert-d skills required to Yes No · satisfactorily perform u e contract? · D D If "No," explain on the attachment. 19. Overall, how did the contractor rate on Expertise? ,. Your Overall Rating for this category must be consistent with the responses to the questions given above regarding Expertise issues. Very Good D Satisfactory D Marginal D Unsatisfactory D CONTRACT TERMINATION 20. Was the contractor terminated for cause? Yes No ,tf "Yes," explain on the attachment the reasons and circumstances for the termination. D 0 CONTRACTOR STATUS AND COMPLIANCE WITH MBE/WBE/OBE PLEDGE LEVELS 21. If known, indicate whether the prime contractor falls into one or .more of the following categories and whether tt contractor's status'has been certified by the City of Los Angeles. Check all boxes that apply. If the contractor'~ status is not known, check "Not Known." Prime Contractor's Status is: D Not Known (Continue onto Question #22.) Was the status certified? D Minority-owned Business Enterprise (MBE) YesD Not known D Owomen-owned Business Enterprise (WBE} YesD Not known D D Other Business Enterprise (OBE} YesD Not known D 22. Did the request for bid or proposal contain language requiring a "Good Faith Effort'' to Yes No conduct outreach to MBE/WBE/OBE? D D If MBEJWBE/OBE outreach was not required, check "No" and go to Question #24 .. If "Yes," list below the anticipated levels, the levels pledged by the contractor, and the level achieved at the end of the contract. Anticipated Percentage Level: MBE % WBE % QBE % Contractor's Pledged Percentage Level: MBE % WBE % QBE % Percentage Level Achieved by Contractor: MBE % WBE % QBE % 23. If the·contractor did not meet its obligation to use the MBE/WBE/OBE subcontractor(s) Yes No listed in its bid/proposal package, were all subcontractor substitutions approved by the D D City? OVERALL CONTRACTOR RATING 24. How would you rate the contractor overall? Very Good D Satisfactory D Marginal D Unsatisfactory D TO BE COMP BY CAO, CONTRACTOR RCEMENT SECTION ONLY COMPLIANCE WITH LIVING WAGE ORDINANCE (LWO) 25. Was the contract subject to the LWO? Yes No D D 26. If the contract was subject to the LWO, during the term of the contract, was the contractor.- Yes No ever required to make corrections for violations of the LWO? · D D 27. If contractor was required to make corrections for violations of the LWO, did the contractor Yes No make those corrections? D D 28. Qjd the contractor make the corrections required in a timely manner? If the contractor Yes No failed to make corrections or did not make the corrections required by the CAO in a timely D D manner; explain the circumstances on an attachment. ADDITIONAL COMMENTS: You may use this sheet to provide any add1t1onal comments requeste~. above, and an, cc;,mments about the contractor'~ 0 rformance, including the contractor's.compliance with the MBE/WBE/OBE pre 'lhd1cate before each narrativ umber of the nuestion for which t onse is beina orovided. Attach adc sheets if necessary. ' J ' -- -.: , - Page \.ITV OF LOS ANGEL •. J. MICHAEL CAREY Office of the City Clerk CALIFORNIA CITY CLERK Council and Public Services Room 395, City Hall FRANK T. MARTINEZ Executive Officer Los Angeles, CA 90012 Council File Information - (213) 978-1043 General Information - (213) 978-1133 When making inquiries Fax: (213) 978-1040 relative to this matter refer to File No. HELEN GINSBURG JAMES K. HAHN Chief, Council and Public Services Division MAYOR 01-2163 PLACE IN FILES JAN 2 4 2002 DEPUTY January 9, 2002 'Jef City Administrative Officer Chief Legislative Analyst City Attorney Personnel Department RE: VARIOUS POSITIONS TO ACCOMMODATE COMPLEX POLICE LITIGATION &.:'I' >,.- At the meeting of the Council held December 19, 2001, the following action was taken: Motion adopted to approve attached report recommendation(s) ... ·~~--=X=--~~ Attached report adopted ...... ·····~~~~~~ Attached motion ( - ) adopted ...... ········~~~~~~ To the Mayor FORTHWITH ...... ·······~~---X=--~~ Mayor concurred ...... ·······~0~1~/~0~4~/_0~2~- 0rdinance adopted ...... ········~~~~~~ Ordinance number ...... ______Effective date ...... ········~~~~~~ Publication date ...... ········~~~~~~ Mayor approved ...... ·-~~~~~- Mayor vetoed ...... ····-~~~~~- Personnel committee report received and filed ...... ········-~----'X=--~~- ,\·'n)~.~ Yty Clerk vdw steno\012163 AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER Recjdable and made from recycled waste. @ •. RECEIVED I,- ,,T ('.! r:f"if/1(';;• r-.·r- ~. I,···,rc-10~ =-,-~, Mayor's Time Stamp c f t 9 Ci·erk' s'' Ti' e st.amp zom DEC 28 ~M IQ: 0 I 'T\/ ,._,, !=f):/ C11 i l..,,L,_,:i\ R,E EIVED FORTHWITH ·01 ··oE 2a mo :·1 o DEPU YMA YO,< . SUBJECT TO MAYOR'S APPROVAL COUNCIL FILE NO. 01-2163 · COUNCIL DISTRICT NO. COUNCIL APPROVAL DATE December 19. 2001 RE: VARIOUS POSITIONS TO ACCOMMOD~TE COMPLEX POLICE LITIGATION LAST' DAY FOR MAYOR TO ACT (10 Day Charter requirement as per LAAC 4.133) DO·NOT,WRITE BELOW THIS LINE - FOR MAYOR OFFICE USE ONLY APPROi *DISAPPROVED --+· ..... '.',... - -~ - *Transmit objectiops in writing pursuant to LAAC 4.133 ~ ~ 8 .. 4~1& 0 §;: DATE OF MAYOR APPROVAL OR DISAPPROVAL --:~::----__;;;....:~=,.._04 - -i :z: ::J:J - I -::::: n1 I (; " C!J.. ·,:-- n:i (~::1 c_J -1-i -.. -n V1 c=s V1 fTl PERSONNEL COMMITTEE Report/Communication for Signature Council File Number: ----:---"o=-· /,.__-_· _l---'-/_(=-.3r----'------ Committee Meeting Date: ___/_2_- .L..I.._J _,_.:,o~t·--'------'--- Council Date: ------~-'----/t...... Ji!~~~----,/,__il------ COMMITTEE MEMBER YES NO ABSENT Councilmember Dennis. Zine, Chair C A-o) Councilmember Miscikowski Ilene Shapiro, Legislative Assistant------Telephone 978-1077 - - - - - 1 ------,------· - ~- -- - ~ i - - . BUDGETAND FINANCE COMMITa'EE; ------, - - Rep~rt/COII!!llllnication for Signature .. - -·' .. -- Council File Number: Ol - a. I ( ?) Committee Meeting Date: {J-_-{~-Ol'° - ,. -- t-')._;;- l-9- - - - Council Date: ------ COMMITTEE ME:MBER YES NO ABSENT ,,.,,... I 1 \. l Councilmember Nick Pacheco, Chair ' . ~ Councilmember.W eiss ~ Councilmember Hahn -~ Councilmember Miscikowski ~ Councilmember Garcetti ---- ed:c . Adrienne Bass, Legislative Assistant_-----,------Telephone 978-1073 • • File No. 01-2163 TO THE COUNCIL OF THE CITY OF LOS ANGELES Your BUDGET AND FINANCE Committee reports as follows: Yes Public Comments: X BUDGET AND FINANCE COMMITTEE REPORT relative to various positions to accommodate complex police litigation. Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR: 1. RESOLVE that Employment Authority in the City Attorney's Office for the period of December 1, 2001 through June 30, 2002, for the following positions, is APPROVED: Class Title 1 Assistant City Attorney 0553 2 Deputy City Attorney IV 0573 1 Legal Secretary III 0582 1 Legal Clerk II 0586 2 Paralegal II 0577 2. REQUEST the City Attorney identify funding for these positions. 3. REQUEST the City Attorney report back on the status of the eleven Democratic National Convention related cases and any other similar litigatlon to be handled"oy these staff positions~ Fiscal Impact Statement: None submitted by the City Attorney. Neither the City Administrative Officer (CAO), nor the Chief Legislative Analyst has completed a financial analysis of this report. City Attorney may request Closed Session pursuant to Government Code Sections 54956. 9 (a) and/or (b) to allow the· Council to confer with its legal counsel on the above matter. Summary: .--· - .,,-:.:;.s In its report dated October 5, 2001, the City Attorney requests Employment Authorities to accommodate the increase in potentially serious and time-consuming litigation resulting from allegations • • involving the Police. Department. Most recently, the complex cases requiring additional staffing involve police actions during the DNC. The City Attorney requests·· the following Employment Authority positions: 1 - Assistant City Attorney, Class Code 0553 i - Deputy City Attorney IV, Class Code 0573 1 - Legal Secretary III, Class Code 0582 1 - Legal Clerk II, Class Code 0586 2 Paralegal II, Class Code 0577 In its report dated November 21, 2001, the CAO states that the City Attorney requests eight-months funding of $372,543 for salaries and $30,685 for equipment and operation expenses. The total amount requested from the General Fund is $403,228. The CAO states that the City Attorney has indicated that there are 11 DNC-related cases, which have been filed to date. One of these has alr~ady been settled. These cases are expected to take substantial discovery, involving common defense witnesses and common problems. The anticipated litigation is expected to last from two to three years. The City Attorney indicated that there are no resources currently available to the City Attorney with which to create a separate group of attorneys for DNC or similar complex police litigation. In the interim, the DNC related cases are assigned to three attorneys that are handling full loads of other matters. The City Attorney indicated that upon completion of DNC-related litigation, the proposed personnel would assume responsibilities for complex litigation arising from other claims. The CAO states that the City Attorney stated that hiring attorneys in house for c9mplex litigation is expected to be more cost effective than using outside counsel. According to the City Attorney, estimated outside-counsel- expenditure for these cases would--be around $1 to $1. 5 million for the first year and $1 million for the second year. Effective defense of these cases will also save the City significantly in compensatory and punitive damages and also in plaintiffs' attorney fees. The City Attorney also indicated that in the event it is determined that these positions are no longer required specifically for the DNC litigation, the positions can be absorbed through attrition. The City Attorney reports that the City Attorney loses approximately 22 attorneys each year. The Employment Authority incumbents could fill other permanent positions that become vacant. Based upon further discussions with the City Attorney, the CAO recommends providing a lower level of staffing until the impact of the increased workload can be fully determined. The CAO is recommending the following three Employment Authority positions: 2 - Deputy City Attorney IV, Class Code 0573 1 - Paralegal II, Class Code 0577 • • The CAO recommends no salary appropriation at this time. The cost of the six months' funding is $142,568. The CAO will continue to monitor the salary account. If additional funds are required, an adjustment can be made as part of the mid-year or year-end report. At its special meeting on December 11, 2001, the Personnel Committee considered an October 5, 2001 City Attorney report and a November 21, 2001 CAO report relative to City Attorney staffing for complex police litigation, including that related to the Democratic National Convention (DNC). During the discussion of this matter, the CAO's representative stated that there is uncertainty regarding the funding available for the level of staffing requested by the City Attorney. The Police Department's representative stated that the Police Department believes that the City Attorney requires a greater number of attorneys than the number requested by the City Attorney. Councilmember Holden expressed his desire that the Committee and Council be given an outline of the City Attorney's plan for handling all civil liability cases, including an organization chart and plan to control costs. The Committee Chair agreed with Councilmember Holden's request. The Personnel Committee submitted without recommendation, the Employment Authority recommendations of the City Attorney and CAO, and. requested that the City Attorney report to Personnel Committee at its January 15, 2002 meeting with an outline of its plan for handling all civil litigation cases, including an organization chart and plan to control costs. At its regular meeting on December .12, 2001, the Budget and Finance ~ommittee discussed this matter. A represe11;tative from the City Attorney's Office-stated that these positions will eliminate the need to hire outside counsel. And, 'the City Attorney's Office definitely needs all 7 positions, inasmuch as existing staff is already ·Overloaded with cases. When these cases are finished, the staff will be assigned other work (possibly Rampart litigation). The CAO stated that they do not recommend filling all of the positions at this time, and also do not recommend approving any funding. Not only is a hiring freeze being imposed on Departments, but all departments/agencies are being request to cut their budgets by 10%. The Budget and Finance Committee agreed that all 7 staff positions are necessary, but was reluctant to approve any funding at this time. Instead, the Committee recommended all of the 7 position authorities and instructed the City Attorney to seek funding for the positions. The Committee members expressed concerns about the individual cases • • and also requested _that the City Attorney provide periodic status reports on the litigation. This matter is now being forwarded to Council for consideration. Respectfully sub~itted, BUDGET AND FINANCE COMMITTEE ab 12-14-2001 #022163a MIJTlON ADOPTED TO~~ REPORT l!ECOMMEND,\ DEC 1 9 2001 MN LOS ANGELES CITY COUNCIi TO THE MAYOR FORTHWITH E ~ s o ;;.J A.Ji./,... · - - 1::.,T:-fOaT ? tC t.t U &lJ V-J;' <.. ~ Mayor Wdh File - tnAc... 4"f j3 ,. • COUNCIL VOTE Dec 19, 2001 12:13:20 PM, #17 ITEM NO . ( 4 1 ) Voting on Item(s): 41P., 4-lf> Roll Call BERNSON Yes GALANTER Yes GARCETTI Yes HAHN Absent HOLDEN Yes LABONGE Yes MISCIKOWSKI Yes PACHECO Absent PERRY Yes REYES Yes *RIDLEY-THOMAS Yes WEISS Yes ZINE Absent PADILLA Absent Absent Present: 10, Yes: 10 No: 0 ;;,,;. • • File No. 01-2163 TO THE COUNCIL'OF THE CITY OF LOS ANGELES Your PERSONNEL COMMITTEE reports as follows: Yes No Public Comments xx PERSONNEL COMMITTEE REPORT relative to.. various positions to accommodate complex police litigation. Recommendation for Council action: REQUEST that the City Attorney report to the Personnel Committee at its January 15, 2002 meeting with an outline of its plan for handling all civil litigation cases, including an organization cha~t and plan to' control costs. SUBMITS WITHOUT RECOMMENDATION, the recommendations of both the. City Attorney and Ci1ty Administrative Officer (CAO), SUBJECT TO THE APPROVAL OF THE MAYOR: A. City Attorney recommendation app:roved by the Chair (Councilmember Zine): RESOLVE that Employment Authority in the City A~torney' s Office for the period of December 1, 2001 th'rough June 30, 2002, for the_~ollowing positi<;:m~,- _i§_AP?RO,VED:. ______ Class Title 1. Assistant City Attorney 0553 2 Deputy City Attorney IV 0573 1 Legal Secretary III 0582 1 Legal Clerk II 0586 f 2 Paralegal II 0577 • • B. CAO recommendation approved by Councilmember Holden: RESOLVE that . Employment Authority in the City Attorney's Office for the period of December 1, 2001 through June 30, 2002, for the following positions, is APPROVED: Class Title 2 Deputy City Attorney IV 0573 1 Paralegal II 0577 ,Fiscal Impact Statement: The CAO reports· that the CAO's recommendation will not have any impact on the General Fund at this time. Estimated six-month funding for salari"es will be $142,568. The CAO will continue monitoring the City Attorney's salary account and e":'aluate the funding requirement when those positions are filled. If an additional appropriation is ~equired, adjustments can be made in the mid-year or year-end report. None submitted by the City Attorney. ' Summary: At its special meeting on December 11, 2001, the Personnel Committee consi'dere~ an October 5, 2001 City Attorney report and a November 21, 2001 CAO report relative to City Attorney staffing for complex police litigation, including that related to the Democratic National Convention (DNC). In its report dated October 5, 2001, the City Attorney requests Employment Authorities to accommodate the increase in potentially serious and time-consuming litigation resulting from allegations involving the Police Department. Most recently, the complex cases requiring additional staffing , involve police actions during the DNC .- .The City Attorney. requests the fol-lowing Errip-loyment Authority positions: •· 1 - Assistant City Attorney, Class Code 0553' 2 - Deputy City Attorn~y IV, Class Code 0573 1 - Legal Secretary III, Class Code 0582 1 - Legal Clerk II, Class Code 0586 2 - Paralegal II, Class Code 0577 In its report dated November 21, 2001, the CAO states that the City Attorney requests eight-months funding of $372,543 for salaries and $30,685 for equipment and operation expenses. The total amount requested from the General Fund is $403,228. The CAO states that the City Attorney has indicated that there are 11 DNC-related cases, which have been filed to date. One of these •• • has already, been settled. These cases are expected to take substantial discovery, involving co~mon defense witnesses and common problems. The anticipated lit~gation is expected to last from two to three years. The City Attorney indicated that there are no resources currently available to the City Attorney with which to create a separate group of attorneys for DNC or similar complex police l.itigation. In the interim, the DNC relat~d cases are assigned to three attorneys that are handling full lo~ds of other m~tters. The ,City Attorney indicated that upon completion of DNC-related lit~gation, the proposed personnel would assume responsibilities fo~ c~mplex litigat~on arising from other claims. The CAO states that the City Attorney stated that hiring attorneys in-house for complex litigation is exp~cted to be more cost effec.tive than using outside counse·l. According'· to the City Attorney, ,estimated outside counsel expenditure for these cases would be .around $1 to $1. 5 million for the first year and $1 million for the second year. Effective defense of these cases will also save the City significantly in compensatory and punitive damages and·ftlso in plaintiffs' attorney fees. The City Attorney also indicated that in the event it is determined that these positions are no 'longer required specifically for the DNC litigation, the positions can be absorbed through attrition. The City Attorney reports that the City Attorney loses 'appro:iimately 22 attorneys each year. 'The Employment Authority incumbents could fill other permanent positions that become vacant. Based upori' further discussions with the City Attorney, the CAO recommends providing a lower level of staffing until the impact of the increased workload can be fully determined. The CAO· is recommending the following three Employment Authority positions: 2 - Deputy City Attorney IV, Clas~ Code 0573 1 - Paralegal II, Class Code 0577 - - ..,.. ~T---- The CAO rec9~~ends no salary appropriation at this time. The cost of the six months' funding is"• $J)l2, 568. The- CAO wi-11 continue to monitor the salary account. If additional funds are required, an adjustment can be made as part of the mid-year or year-end report. During the discussion of this matter, the CAO' s representative stated that there,is uncertainty regarding the funding available for the level of staffing requested by the City Attorney. The Police Department's representative stated that the Police Department believes that the City Attorney requires a greater number of attorneys t.han the number requested 'by the City Attorney. Councilmember Holden expressed his d~~ire that the Committee and Council be given an outline of the City Attorney's plan fo:r; handling all-civil liability cases, including an ·organization chart and plan to control costs. The ·committee Chair agreed with Councilmember Holden's request. · • • The Personnel Committee submitted without recommendation, .the Employment Authority recommendations of the City Attorney and CAO, .and requested that the City Attorney report to Personnel Committee at its Janu?:ry 15, 2002 meeting ~ith an outline of its plan for handling· all civil litigation cases, including an organization chart and plan to control costs. This matter is now forwarded to the Council for its consideration. Respectfully submitted, PERSONNEL COMMITTEE Received and Filed IS #012163 12/13/01 ' ------~·------j - Heilo) l 17\o.-a-se ~ -tm 4iYV)e., '1D ~ \\ cut -trns -Porm . l A cJe<-k. wH\ rp\c.k rt- I up -trc,YY} 1h\S ~ ~ords.~ks\ t I' 'L. -- -- -~-1 . DEC 19 ,, • DATE: ------ITEM#:_._4 ...... / ___ .. NAME 'DEPT. POSITION Tt:fl.P-CJT & oI.J.Jf:R. 5 Ctry A:TT0/.1..AJty GHltF {}efJ/JTY ' . " / -- . .. ------. - ~ - - ...... ,, .. ,, ··--~·-~.. • BCJDGC:T' ~iO i:='tN'~rc:: COMXITTC::C: sc.:ccESTC:D NOTr:rCATroe-. oc" coc.r.rcrc. ;5,.c-rr:m; Council =,;.le ~fo. Counci loe!:"son ( s) ' . i ~Cit:y ·Ac:!:::iinist:.::-at:ive Office.::: (X~il St:09 1.J()) . I I ~Chief Legisla~ive Analyst: (Mail St:op lJ6) I ~ity At:t:.oc::_eY ' (Xail St.op 1.~0) I I i ~ntcollec (Mail St:Ot=) 1.6 J) I - I D T::easu::e.l!' (f'!ai 1 St:op 750) I i l ~e(\.C~ (~";,...... _ __ I D !n.Eo.::-mat:ion "'TeCn.Y'\Ol~'j S':.OSJ 2)2) I l ( ~-!a. i. l St::::J? llS} I . (Mail St:09 1.70) I r : c~ii1 s::.c:;:i 250) r \ a ' L_j (l~C2:.v;;~l Sc! .:::vices ~r 0...0:- t'Y\ e 0-.Jt (~ail s-:09 506) I -~so.:i.nei De?a::t.ment: (~ai!. St:09 39 l) I o Ellan.nine; I (H:ai l St:09 J95) l , D (Mai.!. s-=.09 ~00) l. I ~ubLic ~o~ks caoa=d) 455} --- (Mail S~O? (~ail ~go) SC:O? I I (Ma L l S;:a? :; 2 5) l_j (~a ~ l 0 aO) I S;:09 'l I . ) D ( ~a i L Sc::09 -- \ • REPORT FROM . OFFICE OF THE. CITY ADMINISTRATIVE. OFFICER Date: November 21, 2001 CAO File No. 0220-03549-0020 ' c;uncil File~- ~:; 0 Council Disti: '.2 ·::2 To: Personnel Committee. ' ~, ~ C) :o . \-nrfl1 1 From: William T Fujioka, City Administrative Officer ~ \ p ...., ' ;ti ~ f . I f"T1 ~ C:::)Cl Reference: Report Requested ,by Your Committe~ . · ~;\ ~ -P. ~ • rS=u=b=je=c=t:===C=it=y=A=tt=o=rn=e=y=R=e=q=u=e=st=f=o=r =A=d=d=iti=o=na=I=· S=t=aff=i=n=g=fo=r=D=N=C=R=e=la=t=e=d=t=ff=ig=a=ti=o=n=.c:=o==rn== SUMMARY " The Chair of the Personnel Committee requested this Office to report on a proposal from the City Attorney regarding additional staffing in the City Attorney's Police Litigation Projects Section for litigation arising from the Democratic National Convention (DNC). The proposal would provide resolution authority for the following seven positions: 1 - Assistant City Attorney (Class Code 0553) 2 - - Deputy City Attorney IV (C!ass Code 0573) 1 - Legal Secretary Ill (Class Code 0582) 1 - Legal Clerk II (Class Code 0586) 2 - Paralegal 11 (Class Code 0577) The City Attorney's Office requests 8 months funding in the amount-of $372,543 for salaries and - - --$30,685-for equipment and operation·expenses. The total amount requested from·the General'Fund is $403,228. The City Attorney's Office has indicated that there are eleven DNC related cases, which have been filed to date. One of these has already been settled. These cases are expected to take substantial discovery, involve commc;m defense witnesses and common problems. The anticipated litigation is expected to last from 2 to 3 years., The City Attorney indicated that there are no resources currently ' available to the Office with which .to create ~ separate group of attorneys for DNC or similar complex litigation. In the interim, the DNC related cases are assigned to three attorneys that are handling ,full loads of other matters already. The City Attorney indicated that upon completion of DNC related litigation, the proposed personnel would assume responsibilities for complex litigation arising from other claims. The City Attorney's Office stated that hiring attorneys in-house for complex litigation is expected to be more cost effective than using outside counsel. According to the City Attorney, estimated outside PERSONNEL. NOV 2 7 2001 '3UDGET AND Fl~ ' -- ~~1· -- -- ~ - - CAO File No. PAGE • 0220-03549-0020• 2 counsel expenditure for this case w9uld be,about $1 to $1.5 million for the first year and $1 million for the second year. Effective defense of these cases will also save the City significantly in compensatory and punitive damages and also in plaintiff's attorney fees. T.hey also indicated that in the event ·it is determined that these. positions are no longer required specifically for the DNC litigation, the positions can be absorbed through attrition. The City Attorney reports that the department loses approximately 22 attorneys each year. The resolution authority incumbents could fill other permanent positions that become vacant. Based on further discussions With .the City Attorney's Office,· we. recommend providing a reduced level of staffing until the impact of the increased workload can be fully determined. As an alternative, we are recommending the following three resolution authority positions: 2 Deputy City Attorney IV ,(Class Code 0573) 1 Paralegal II (Class Code 0577) No salary appropriation is recommended at this time. The cost of si; months funding is $142,568: The Office will continue to monitor the salary account. 0 lf additional funds are required, an adjustment can be made as part of the mid-year or year-end report. RECOMMENDATION That the Council, subject tq the approval of the Mayor authorize resolution authority for the following positions, subject to paygrade determination by the City Administrative. Officer, for the period December 1,2001 through June 30, 2002: No. Class Code Class Title 2 0573 Deputy City Attorney IV : . 1 0577 Paralegal 11 -~F-ISCAL.IMP.ACI STATEMENT The request will not have any impact on the General Fund at this time. Estimated six-month funding for salaries will be $142,568. We will continue monitoring the Department's salary account and evaluate the funding requirement when those positions are hired. If an additional appropriation is required, adjustments can be made in the mid-year or year-end report .. WTF:CMC:emt:38462c (CITY OF Los AN"GELES J. MICHAEL CAREY • • Office of the City Clerk CALIFORNIA CITY CLERK Council and Public Services Room 395, City Hall FRANK T. MARTINEZ Los Angeles, CA 90012 Executive Officer Council File Information· (213) 978-1043 General Information· (213) 978-1133 When making inquiries Fax: (213) 978-1040 ,. relative to this matter refer to File No. JAMES K. HAHN HELEN GINSBURG MAYOR Chief, Council an"d Public ~ervices Division CF 01-2163 October 23, 2001 William T. Fujioka, City Administrative of°ficer Office of the City Administrative Officer Attn: Chi-Mei Chang Greetings: The Chair of the Personnel Committee has requested that this letter be sent to you to confirm that the due date for the report relative to the Employment Authorities for complex police litigation has been changed from "as soon as possible" to Thursday, November 8, 2001. If there are any questions, I can be reached at (213) 978-1077. Very truly yours, I-lene- Shapiro , Le~islative Assistant Personnel Committee c: Counci1 Di~tri Chief Legislative Analyst Attn: Blayne Sutton-Wills Budget & Finance Committee Attn: Adri'enne Bass AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER CITY• OF La's ANGELES • Office of the J. MICHAEL CAREY City Clerk CALIFORNIA , CITYCLERK .' Council and Public s.;rv1ces ' Room 395, City Hall FRANK T. MARTINEZ Los Angeles, CA 90012 Executive Officer Council File Information - (213) 978-1043 General Information - (213) 978-1133 ·I 'Yhen making inquiries Fax: (213) 978-1040 relative to this matter refer to File ,No. JAMES K. HAHN HELEN GINSBURG MAYOR Chief, Council and Public Services Division CF 01-2163 October 18, 2001 ,, William T. FuJioka, City Ad~inistrative Officer Offic~ of the City Administrative Officer Greetings: I The Chair of the Personnel Committee requests that you provide a report relative to the request from the City Attorney's Office dated October 5, 2001, for Employment Authorities for complex police litigation. The report from the City Attorney's Office was handed to ,Chi-Mei Chang of your staff earlier today. This report is to be kept confidential. Please transmit your completed report to me, c/o Office of the City Clerk, Room 395, City Hall, Stop 160, as soon as possible. If there are any RUestions, I can be reached at (213) 978-1077. Very truly yours, /) (} k .. I<.-~ ;l;n~~ -~hapi;o· ~0:~7~ . . Legi~l~tive Assistant Personnel Committee c: Council District 3 Attn: Bruce Whidden Chief Legislative Analyst At'tn: Blayne Sutton-Wills Budget & Finance Committee Attn: Adrienne Bass AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER I J. MICHAEL CAREY .ITV OF LOS ANGEL. Office of the City Clerk CALIFORNIA CITY CLERK Council and Public Services FRANK T. MARTINEZ Room 395, City Hall Executive Officer Los Angeles, CA 90012 Council File Information - (213) 978-1043 General Information - (213) 978-1133 When making inquiries Fax: (213) 978-1040 relative to this matter refer to File No. HELEN GINSBURG JAMES K. HAHN ·- C:::bief, Council and Public Services Division MAYOR 01-2163 October 10, 2001 PERSONNEL COMMITTEE BUDGET & FINANCE COMMITTEE In accordance with Council Rules, communication from the City Attorney relative to a request for resolution authorities for seven various positions to accommodate complex police litigation, was referred on October 10, 2001, to the PERSONNEL COMMITTEE and BUDGET & FINANCE COMMITTEE. J-'01~~ City Clerk amm AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER Recyclallle and made Imm rocyded wasie. @ • • OFFICE OF THE CITY ATTORNEY ROCKARD J. DELGADILLO CITY ATTORNEY REPORT NO. R01-0487 October 5, 2001 REQUEST FOR RESOLUTION AUTHORITIES ~ FOR COMPLEX POLICE LITIGATION, INCLUDING I () THAT RELATED TO DEMOCRATIC NATIONAL CONVENTION: :-_:; :::JJ rTJ BERG v. CITY, CV01-07046R; BURTON v. CITY, CV01-07007LGB; I ,:~:i C) [:::=] CRESPO v. CITY, CV 00-08869; ESCOCHEA, JESSE SACV 01-754DOp; ;:/; .... - GORDA v. CITY, CV 00-01557; JOHNSON, BECKYv. CITY, CV 01-033~,~ N/1(/f MASEL v. CITY, CV 01-03462 CBM; MUSSO v. CITY, BC 249462; NATIONAL' ':9 -·Ji LAWYERS GUILD v. CITY, CV 01-06877 FMC; SCHNEIDER v. CITY, BC-247618; w .t:: VERMIN LOVE SUPREME v. CITY, CV 01-03384 GAF The Honorable City Council Room 395, City Hall Los Angeles, California 90012 Honorable Members: This report is to address a recent influx of potentially serious and time-consuming litigation resulting from allegations involving the Police Department, and to request the following staffing increases, by resolution authority, to accommodate that increase in litigation. Most recently, the complex cases requiring additional staffing involve police actions during the Democratic National Convention. 1 - Assistant City Attorney (No.0553) 2 - Deputy City Attorney IV's (No.0573) 1 - Legal Secretary Ill (No. 0582) 1 - Legal Clerk II (No. 0586) 2 - Paralegal II (No.0577) A proposed budget for those additional positions (calculated from November 15, 2001 ), is attached at p. 3, infra. ,.) i DGET l\f·~D f-If The foregoing would be attached to the Police Litigation Projects Section, and would be'assigned to handle all litigation arising from the Democratic National Convention under the existing supervisor of that section. The litigation will be discussed in closed session. Very truly yours, ROCKARD J. DELGADILLO, City Attorney By s1~~ TERREE BOWERS Chief Deputy City Attorney CWM:pdr attachment 150013 r------,------~ ~- -· I Staffing Request for DNC Cases· Revised 10/5/01 11 Class Annual 8-Month Office & Operating Code Qtt~ Salaries Salaries Admln. Expense· Equipment Total Deputy City Attorney IV {D) 0573 21 $229,471.20 $153,745.70 $ 5,830.00 $ 400.00 $ 4,200.00 Assistant City Attorney {E) 0553 1 $129,643.92 $ 86,861.43 $ 2,915.00 $ 200.00 $ 2,100.00 Legal Secretary Ill 0582 1 $ 49,527.36 $ 33,183.33 $ 1,460.00 $ 200.00 $ 2,100.00 Paralegal II 0577 2 $ 111,332.16 $ 74,592.55 $ 2,920.00 $ 400.00 $ 4,200.00 Legal Clerk II 0586 11 $ 36,059.76 $ 24,160.04 $ 1,460.00 $ 200.00 $ 2,100.00 Totals $ 372,543.05 $14,585.00 $1,400.00 $14,700.00 $ 403,228.05 i' Office & Admin - desk, rotary arm chair, guest chair, table, bookcase, file cabinet Operating expense - computer software Equipment - computer hardware w I •• ICECIL MARR - Staffing Request for b... se_s_.x_is ______...,. • .,______Pa_g_e_1_.I Class Annual 8-Month Office & Operating Code Q Salaries Salaries Admin. Ex ense Deputy City Attorney IV (D) 0573 2 $ 229,471.20 $153,745.70 $5,830.00 $ 400.00 Assistant City Attorney (E) 0553 1 $129,643.92 $86,861.43 $2,915.00 $ 200.00 Legal Secretary 111 . 0582 1 $49,527.36 $33,183.33 $1,460.00 $ 200.00 Paralegal II 0577 2 $111,332.16 $74,592.55 $2,920.00 $400.00 Legal Clerk II 0586 1 $36,059.76 $24,160.04 $1,460.00 $ 200.00 .Totals i 3721543.05 f 14.585.00 i 1.400.00 i 14.7 Office & Admin - desk, rotary arm chair, guest air, table, bookcase, file cabinet Operating expense - computer software Equipment - computer hardware \I 3