Depury City Clerk Jr

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FRANK T. MARTINEZ .TY OF LOS ANGEL. Office of the City Clerk CALIFORNIA CITY CLERK Council and Public Services KAREN E. KALFAYAN Room 395, City Hall Executive Officer Los Angeles, CA 90012 Council File Information - (213) 978-1044 General Information - (213) 978-1133 When making inquiries Fax: (213) 978-1040 relative to this matter refer to File No. CLAUDIA M. DUNN ANTONIO R VILLARAIGOSA Chief, Council and Public Services Division MAYOR 01-0366

CD 4

January 25, 2006

Honorable Antonio Villaraigosa, Mayor Councilmember LaBonge Department of General Services City Attorney (with blue sheet)

RE: PROPOSED AGREEMENTS WITH THE GETTY HOUSE FOUNDATION FOR THE REFURBISHMENT AND CONTINUED MAINTENANCE OF THE GETTY HOUSE FACILITY

At the meeting of the Council held January 24, 2006, the following action was taken:

Attached report adopted ...... ···~~~~~- Attached motion ( ) adopted ...... ·~~~~~- Attached resolution adopted ...... ·····~~~~~- Ordinance adopted ...... ______FORTHWITH ...... ------Motion adopted to approve communication recommendation(s) ...... X

PL.Ace IN_ FILES JAN 3 0 2006 DEPUry City Clerk jr

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EM PLO ER 1/o\S

• COMMUNICATION LOS ANGELES CITY COUNCIL • FILE NO. 01-0366 FROM: COUNCILMEMBER JANICE HAHN, CHAIR INFORMATION TECHNOLOGY AND GENERAL SERVICES COMMITTEE

Yes No Public Comments XX

COMMUNICATION FROM CHAIR, INFORMATION TECHNOLOGY AND GENERAL SERVICES COMMITTEE relative to proposed Agreements with the Getty House Foundation for the refurbishment and continued maintenance of the Getty House facility.

Recommendation for Council action:

APPROVE two proposed Agreements between the City and the Getty House Foundation for the refurbishment and continued maintenance of the Getty House facility located at 605 South Irving Boulevard, substantially as attached to the Department of General Services (GSD) report dated November 17, 2005 (attached to the Council file), subject to the review of the City Attorney as to form and legality.

Fiscal Impact Statement: None submitted by the GSD. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.

Summary:

In its transmittal dated November 17, 2005, the GSD submits and seeks approval of two proposed Agreements by and between the City and the Getty House Foundation, a private nonprofit public benefit corporation, for the refurbishment and continued maintenance of the Getty House facility located at 605 South Irving Boulevard.

The first of the two Agreements is the third of a continuing series of Agreements between the City and the Getty House Foundation which began in July 1997 for the refurbishment and continued maintenance of the Getty House facility located at 605 South Irving Boulevard, Los Angeles, CA 90005. This Agreement is for an eight-year term and supersedes the June 2001 Agreement which was approved by Council and is intended to provide long-term coordination of the use and operation of the Getty House whether or not the Mayor elects to reside in that facility.

The second of the two Agreements is a one-year Agreement to partly fund the Getty House Foundation for fiscal year 2005-2006 for a portion of its costs in connection with the management and maintenance of the Getty House facility. An appropriation of $118,000 has been included in the current budget for the GSD for this purpose.

At its regular meeting held January 18, 2006,- the Information Technology and General Services Committee Chair considered this matter and recommended that Council approve the two proposed Agreements, as submitted by the GSD in its report dated November 17, 2005. This matter is now submitted to Council for its consideration.

Respectfully submitted,

co cilme ber Janice Hahn, Chair LOS ANGELES CITY COUNCIL INF R TION TECHNOLOGY AND GENERAL SERVICES COMMITTEE MEMBER VOTE HAHN YES PADILLA ABSENT WEISS ABSENT AA CD4 01/19/06 #010366wpd •

COUNCIL VOTE

Jan 24, 2006 10:30:09 AM, #3

Item for Which Public Hearing Has Not Been Held - Item 42 Voting on Item(s): 42 Roll Call

CARDENAS Yes GREUEL Absent HAHN Yes HUIZAR Yes LAB ONGE Yes PADILLA Yes PARKS Absent PERRY Yes REYES Yes ROSENDAHL Yes SMITH Yes WEISS Yes WESSON Yes ZINE Yes *GARCETTI Yes Present: 13, Yes: 13 No: 0 • • INFORMATION TECHNOLOGY AND GENERAL SERVICES COMMITTEE NOTIFICATION SHEET

Council File No. Qt- 03kb

( Council Districts L{ i. Mayor (with file) LJ/C- )C City Attorney (with blue sheet) Information Technology Agency Controller Chief Legislative Analyst City Administrative Officer )( Department of General Services I _.TY OF LOS ANGELES CALIFORNIA ALVIN y_ BLAIN DEPARTMENT OF GENERAL MANAGER GENERAL SERVICES AND ROOM 701 CITY PURCHASING AGENT CITY HALL SOUTH 111 EAST FIRST STREET Los ANGELES, CA 90012 (213) 928-9555 FAX No (213) 928-9515

ANTONIO R VILLARAIGOSA MAYOR

November 17, 2005

Honorable Members of the Council of the City Los Angeles Room 395, City Hall

AGREEMENTS WITH GETTY HOUSE FOUNDATION

Transmitted herewith for approval of the City Council are two Agreements by and between the City of Los Angeles ("City") and Getty House Foundation, a private non profit public benefit corporation_ ("Fe,~ndati.on").

The first of the two Agreements is the·. third of a continuing series of agreements between the City and the· Foundation which began in July 1997 for the refurbishment and continued maintenance of the Getty House facility located at 605 South Irving Boulevard, Los Angeles, CA 90005. This Agreement for an eight (8) year term supersedes the June 2001 Agreement which was approved by City Council and is intended to provide long-term coordination of the use and operation of the Getty House whether or not the Mayor of the City of Los Angeles elects to reside in that facility.

The second of the . two Agreements is a one-year Agreement to partly fund the Foundation for the fiscal year July 1, 2005 to June 30, 2006 for a portion of its costs in connection with the management and maintenance of the Getty House facility. An appropriation of $118,000 has been included in the current budget for the Department of General Services for this purpose.

City Council approval of these Agreements will enable the parties to execute them.

If you have any questions or require further information regarding these Agreements, please contact Valerie Melloff at (213) 928-9577.

nov 1 a 2nos Attachments INFORMATION TECHNOLOGY & GENERAL SERVICES

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER 2ffi5 NOV l 8 PM 12: 26 • AGREEMENT BY AND BETWEEN THE CITY OF LOS ANGELES AND GETTY HOUSE FOUNDATION

This Agreement is entered into by and between the City of Los Angeles, a municipal corporation ("City") and Getty House Foundation, a California nonprofit public benefit corporation ("Foundation").

WITNESSETH

WHEREAS the City and the Foundation entered into an agreement in July 1997 pursuant to the terms of which the Foundation carried out significant restoration and refurbishment of the G.F. Getty House, located at 605 South Irving Boulevard, Los Angeles, California 90005 ("Residence"), in order that the restored Residence could be used by the Mayor of the City of Los Angeles as a venue for city receptions, to host heads of state and other dignitaries and as the home of Los Angeles Mayors who choose to occupy the Residence during their respective terms of office;

WHEREAS on June 19, 2001, the City Council approved an agreement, subsequently executed by the parties, superseding the July 1997 agreement;

WHEREAS the City and the Foundation desire to enter into this agreement to supersede the June 2001 agreement in order to provide long-term coordination of the use and operation of the Residence whether or not the Mayor of the City of Los Angeles elects to reside in the Residence;

NOW, therefore, the City and the Foundation, in consideration of the above premises, and of the covenants, agreements, and representations set forth below, hereby covenant, agree and represent as follows:

1. Term of Agreement

. The term of this agreement shall commence July 1, 2005 and continue for eight years until June 30, 2013, subject to the City's ability to terminate for convenience with written notification to Getty House Foundation of at least 180 days.

2. Mission Statement

The Getty House Foundation is a nonprofit public benefit corporation to which the City has delegated responsibility for certain activity at and involving the Residence. The Foundation shall be responsible for establishing a wide range of programming including children's educational programs, organized school visits, public tours, special forums, speakers and fund raising events at the Residence to support the Residence.

LAS99 1102108-4.T00252.0012 • 3. Supervision

In carrying out its duties and activities pursuant to this agreement, the Foundation shall report to and accept direction from the Mayor.

4. Foundation's Activities

The Foundation shall be authorized to do the following:

a. Oversee operations and activities at the Residence;

b. Conduct fund raising and accept donations made for the benefit of the Residence, including the improvement, maintenance and operation thereof;

c. Conduct fundraising activities such as the annual City of Angels Awards Benefit to raise funds for the general support of the programs of the Foundation;

d. Conduct special events at the Residence for community outreach activities;

e. Conduct weekly public education activities associated with the history and culture of the City of Los Angeles at the Residence in conjunction with LAUSD;

f. Hold other children's educational and enrichment programs throughout the school year at the Residence;

g. Conduct tours of the entire Residence, provided that the tours will not include the second floor private living areas if the Mayor resides in the Residence;

h. Direct and oversee physical and aesthetic improvements and repairs to the Residence and enter into subcontracts for the work to be performed in connection therew~th;

i. Work with the Department of General Services for any planned work or activities which impact the work that the City will do;

j. Ensure that all contractors, including designers and decorators, provide services for the Residence under the direction of the Foundation and obtain all permits necessary for the accomplishment of their tasks.

5. City's Responsibilities

The Residence will be used by the Mayor for official City functions and events and may be used as the Mayor's residence while holding office.

The City shall:

a. Provide, through the Department of General Services, and in coordination with the Foundation, routine maintenance of the Residence, including the structure, and its electrical, plumbing and mechanical systems;

LAS99 I 102108-4.T00252.0012 2 • b. Provide, through the Department of Recreation and Parks, a full-time gardener for routine landscaping, irrigation and grounds maintenance on the site;

c. Provide all utilities for the Residence;

d. Provide, through the Department of Transportation, traffic control as required for the Foundation's special events to be held at the Residence;

e. Be responsible for and oversee natural disaster repair work for the Residence, including obtaining reimbursement from FEMA/OES, and coordinate these efforts, to the extent possib~e, with the Foundation;

6. Furnishings and Other Possessions of the Foundation

The Foundation has solicited contributions of or has purchased all of the furniture, fixtures, window coverings, china, silver and other items presently located in the Residence. All of these items shall remain located in the Residence, unless their removal is otherwise approved by the Foundation. In the event that a Mayor chooses to reside in the Residence during his or her term of office, the City shall consult with and use its best efforts to cooperate with the Foundation to ensure that all of the items not used by the Mayor on the second floor of the Residence are properly accounted for and stored, so as to be available at such time as a Mayor is no longer in residence. The first floor of the Residence, which is open to and available for use by the Foundation and the public in connection with Foundation programs and activities, shall remain undisturbed.

In order to preserve the historic integrity of the garden and other grounds of the Residence, neither the City nor any occupant of the Residence may make any modifications without the consent of the Foundation.

7. Permits

All contractors, including designers and decorators, providing services for the Residence shall be responsible for obtaining the permits necessary for the accomplishment of their tasks. The City will waive the cost of any and all City permit fees for contractors, including designers and decorators, in connection with ongoing upkeep of the Residence.

8. Foundation's Obligation for Oversight of Operations at the Residence

It is understood that the Foundation will continue to conduct fund raising for the Residence. However, the Foundation shall not be required to raise any specific amount of funds for the Residence, nor shall the Foundation be responsible for costs or expenses in connection with the Residence in the event all materials, equipment, furnishings, supplies and labor are not donated, unless the Foundation has entered into a subcontract for such materials, furnishings, supplies or labor. The Foundation shall not commence work on any aspect or item unless and until sufficient funds and donations have been received and encumbered by the Foundation from any source for completion of that aspect or item. Except as otherwise provided in this agreement, the Foundation is not authorized to obligate the City, financially or otherwise, without prior approval of the City's Municipal Facilities Committee.

LAS99 1102108-4.T00252.0012 3 • 9. Foundation Office and Exclusive Use

The Foundation will maintain an office at the Residence in the Carriage House. In addition, the Foundation shall have the exclusive right to use the Residence for fundraising activities.

10. Mutual Indemnification

Foundation and City agree to indemnify and hold each other harmless from all loss and liability for injury or damage, actual or alleged, to persons or property arising out of or resulting from the indemnifying party's acts or omissions in the performance of this Agreement.

In the event of third-party loss caused by the negligence, wrongful act or omission of both parties, each party shall bear financial responsibility in proportion to its percentage of fault as may be mutually agreed or judicially determined.

11. Insurance

City may insure, self-insure or retain its indemnity and liability risk in accordance with its customary risk management policy, at City's sole discretion. The City will insure or self insure the Residence and its contents. However, in the event of partial or total destruction of the Residence, nothing herein shall be construed as requiring the City to repair the damage or reconstruct the Residence.

Foundation shall carry or cause to be carried the following insurance coverages conforming to the conditions stated in the City's Special Endorsement forms, specimens of which are attached to this agreement:

a. Worker's Compensation insurance for all its employees in accordance with California law at all such times as it may apply during the term of this agreement. Such coverage shall contain a waiver of subrogation clause in favor of City for work performed at the Residence.

b. General Liability insurance having coverage for premises and operations, contractual liability, independent contractors, broad form property damage and host liquor liability and having at least $1 million combined single limit, per occurrence and in the aggregate and fire damage liability with a sub-limit of at least $50,000.

c. Directors and Officers Liability insurance having limits of at least $500,000 per occurrence and $1 million in the aggregate covering the wrongful acts of the Foundation or its principals.

The foregoing insurance is subject to open market availability at reasonable cost. City may modify these requirements based on Foundation's submission of evidence of good faith but unsuccessful efforts to obtain the coverages stated.

Foundation shall further require all contractors, vendors and permittees to provide evidence of appropriate insurance covering risks of loss which arise from their respective

LAS99 I 102108-4.T00252.0012 4 activities at the Residence and which includes both City and Foundation as additional insureds. If they are eligible, said contractors, vendors and permittees may satisfy this insurance requirement by participating in any of the City's blanket or group insurance programs.

12. Notices

The following addresses shall serve as the places to which notices and other correspondence between the parties shall be sent:

Foundation: Getty House Foundation 605 South Irving Boulevard Los Angeles, CA 90005

City: General Manager, Department of General Services Room 701, City Hall South 111 East First Street Los Angeles, CA 90012

13. Foundation's Representative

The Chairperson of the Foundation shall represent the Foundation with respect to all matters connected with this agreement.

14. City's Representative

The General Manager of the Department of General Services or his designee shall act on behalf of the City with respect to all matters concerning this agreement.

15. Foundation Record Keeping

The Foundation shall maintain an accurate record of all donations received and expenditures made during the term of this agreement in accordance with acceptable accounting practices. Such records shall be retained for at least three (3) years beyond the expiration or termination of this agreement. Within 30 days of receiving a written request from the City's Representative, the Foundation shall provide written reports regarding the Foundation's performance and copies of any financial self-audits or outside audit reports undertaken or commissioned by the Foundation. City shall at any reasonable time within three (3) years of the expiration or termination of this agreement through any duly authorized representative, have access to and the right to examine and conduct an audit and reaudit of any pertinent books, documents or other records of Foundation involving transactions relating to this agreement.

16. Termination

LAS99 1102108-4.T00252.0012 5 • alleged breach and/or provide a written response to the notice alleging breach. If, in the reasonable opinion of the party giving notice of breach, the breach has neither been cured, nor has the party alleged to be in breach responded satisfactorily by commencing to cure the breach or demonstrating there is no breach, the nonbreaching party may terminate this agreement by providing written notice thereof to the other party. Upon dissolution of the Foundation or termination by the City of the agreement for breach of the agreement, all funds raised by the Foundation on behalf of the City and all funds provided to the Foundation by the City shall become the property of the City and be placed in a City account to carry out the intended purposes of the agreement.

17. 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. This agreement shall be enforced and interpreted under the laws of the State of California and the City.

18. Integrated Agreement

This agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This agreement may be amended only as provided for in Paragraph 17 hereof.

19. Amendment

All amendments hereto shall be in writing and signed by persons who have signed this Agreement on behalf of the parties, by such other person, in the case of the City, who is authorized to do so by the Mayor, or in the case of the Foundation, who is authorized to bind the Foundation thereto.

20. Independent Contractor

The Foundation is acting hereunder as an independent contractor and not as an agent or employee of the City. The Foundation 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.

21. Prohibition Against Assignment or Delegation

The Foundation shall not, unless it has first obtained the written permission of the City, assign or delegate its rights, duties or obligations hereunder.

22. Nondiscrimination and Affirmative Action

LAS99 1102108-4.T00252.0012 6 • • medical condition. The Foundation shall comply with the provisions of the Los Angeles Administrative Code Section 10.8 through 10.13, to the extent applicable hereto. The City's Office of Contract Compliance shall assist the Foundation in complying with this paragraph of the agreement. Any subcontract entered into by the Foundation relating to this agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph.

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed:

THE CITY OF LOS ANGELES, a municipal corporation,

By ______~ ALVIN Y. BLAIN General Manager Department of General Services

GETTY HOUSE FOUNDATION, a California Nonprofit Public Benefit Corporation,

By ______~ SUSAN CAPUTO Executive Director

Attest: FRANK T. MARTINEZ, City Clerk

By ______~ Date ______Deputy City Clerk

LAS99 1102108-4 T00252.0012 7 • • ' APPROVED AS TO FORM ROCKARD J. DELGADILLO, City Attorney

By~~~~~~~~~~~~~~ MARK L. BROWN, Sr. Assistant City Attorney

LAS99 1102108-4.T00252 0012 8 I I

AGREEMENT TO PARTLY FUND THE ACTIVITIES OF THE GETTY HOUSE FOUNDATION

This Agreement ("Agreement" herein) to partly fund services provided by the Getty House Foundation is entered into between the City of Los Angeles, a municipal corporation, ("CITY" herein), and the Getty House Foundation, a private non-profit corporation, ("CONTRACTOR" herein). This contract consists of 27 pages, including attachments, and exhibits with reference to the following facts:

A. The CITY's Budget (Department of General Services Fund) for the fiscal year ending June 30, 2006, includes an appropriation of one hundred eighteen thousand dollars ($118,000) to partially fund the CONTRACTOR'S activities. The CONTRACTOR understands that said funds will be disbursed to it only in accordance with the provisions of this Agreement.

B. The CONTRACTOR oversees all activities, including management and maintenance, of the Getty House located at 605 South Irving Boulevard Los Angeles, CA. The Getty House is the official residence of the Mayor of Los Angeles and may be visited by the public.

C. The CONTRACTOR'S activities increase the well being of the CITY and, therefore, the CONTRACTOR'S services constitute a public purpose for which financial assistance may be provided.

NOW THEREFORE, the CITY and the CONTRACTOR, in consideration of the above premises and of the covenants, agreements and representations set forth below, hereby covenant, agree and represent as follows:

1. TERM OF AGREEMENT

This term of Agreement shall commence on July 1, 2005 and terminate on June 30, 2006.

2. CONTRACTOR'S ACTIVITIES

The CONTRACTOR will utilize the funds procured under this agreement to assist with costs associated with the ongoing management and maintenance of the Getty House, which serves as the official residence of the Mayor of Los Angeles, located at 605 South Irving Boulevard Los Angeles, California. To ensure the greatest flexibility and success of the program, the specific line amounts listed below may be adjusted by a maximum of 15%, as needed by the CONTRACTOR. Notwithstanding any adjustments to the specific line amounts, the total amount to be provided for the purposes of this Agreement shall not exceed one hundred eighteen thousand dollars ($118,000). • • House Manager (Salary) $ 42,000 Workman's Comp 7,300 Medical Benefits 3,300 Payroll 3,400 Maintenance 16,600 Upgrades - Improvements 16,600 Phones 3,000 Content & Fine Art Insurance 6,100 Property Insurance 11,500 Office & Administrative Expenses 3,600 Materials & Supplies - Maintenance 1,000 Operating Supplies & Equipment 3,600

TOTAL $118,000

Any adjustments to the specific line amounts exceeding 15% shall be requested in writing by the CONTRACTOR and are subject to the written approval of the CITY's representative. The CONTRACTOR shall obtain all necessary licenses and permits and shall suitably inform the public that the CONTRACTOR'S activities are partially funded by the City.

3. AMOUNT OF PAYMENT

The CONTRACTOR shall be paid by the CITY for allowable costs incurred in engaging .in the activities set forth in Paragraph 2 hereof during the term of this Agreement in a total amount not to exceed one hundred eighteen thousand dollars ($118,000) by submitting a REQUEST FOR PAYMENT including therein a proposed budget which indicates the estimated costs to be incurred by the CONTRACTOR for which payment is requested in a form to be prescribed by the CITY. Said costs shall be allowable if they reasonably relate to the activities performed by the CONTRACTOR as described in Paragraph 2 hereof.

4. REQUEST FOR ADVANCE PAYMENT

a. At any time after this Agreement becomes effective, the CONTRACTOR may submit a request for advance payment in an amount not to exceed forty thousand dollars ($40,000) by submitting a REQUEST FOR PAYMENT including therein a proposed budget which indicates the estimated costs to be incurred by the CONTRACTOR for which payment is requested. On or about January 1, 2006, the CONTRACTOR may submit a request for advance payment in an amount not to exceed thirty-eight thousand dollars ($38,000) by submitting a REQUEST FOR PAYMENT including therein a proposed budget which indicates the estimated costs to be incurred by the CONTRACTOR for which payment is requested. The REQUESTS FOR PAYMENT shall be submitted in a form to be prescribed by the CITY and shall be signed under PENALTY OF PERJURY by the CONTRACTOR'S representative designated in this Agreement. The total amount of the REQUEST FOR PAYMENT shall not exceed the amount specified in Paragraph 2. In addition, the CONTRACTOR shall submit adequate documentation to substantiate the expenditure of the advance.

b. No further payments will be disbursed to the CONTRACTOR until the previous advance has been expended. Copies of documentation to support all the expenditures of the advance must be submitted to and approved by the CITY's representative prior to disbursement

2 • • by the CITY of any subsequent payments. Such documentation shall include but not be limited to copies of such items as receipts, invoices matched with canceled checks, invoices marked "Paid", payroll registers, internal hiring documents and time sheets. Bank statements may be requested to support submitted documentation at the discretion of the CITY.

5. PAYMENT

a. Upon approval of each REQUEST FOR PAYMENT by the CITY's representative, the CITY shall pay the CONTRACTOR the approved amount for allowable costs, which in total, shall not exceed the sum of one hundred eighteen thousand dollars ($118,000).

b. No later than August 16, 2006, the CONTRACTOR shall submit a CLOSE- OUT STATEMENT prepared on a form to be prescribed by the CITY and either a comprehensive unaudited financial statement or a copy of an audit report prepared by an independent Certified Public Accountant (CPA). The CITY shall not be obligated to fund the CONTRACTOR for any subsequent fiscal year appropriations which may be made by the CITY's Council until such CLOSE-OUT STATEMENT and financial report has been submitted to and approved by the CITY's representative. Said CLOSE-OUT STATEMENT shall include documentation which supports expenditure of any costs which have not previously been submitted to and approved by the CITY's representative.

c. Any portion of any advance payment made or not expended or obligated by the CONTRACTOR or not approved by the CITY's representative shall be paid back to the CITY no later than August 16, 2006. Such payment will accompany the CLOSE-OUT STATEMENT.

d. The CONTRACTOR must submit a REQUEST FOR PAYMENT during the period commencing from the effective date of the Agreement up to one year after the termination date. The CITY shall have no obligation to pay any REQUEST FOR PAYMENT after said period.

6. MONIES TO BE USED FOR CURRENT EXPENSES

The monies expended by the CITY hereunder are to be used by the CONTRACTOR to meet expenses incurred during the term of this Agreement. The CONTRACTOR may not submit a REQUEST FOR PAYMENT, nor may the CITY pay any portion of any liability of the CONTRACTOR existing prior to the term of this Agreement.

7. ESTABLISHMENT OF SEPARATE ACCOUNTS AND RECORDS

Any and all funds disbursed by the CITY to the CONTRACTOR and any interest and proceeds generated thereby shall be held in trust for the purposes of this Agreement and shall be placed in a separate account solely for those funds, and all allowable expenditures shall be drawn from that account. Any funds remaining in said account which are in excess of the allowable expenditures as provided herein shall be returned to the City within forty-five (45) calendar days after the termination date of this Agreement.

3 .------~- - ~-~- • • 8. BOOKS OF ACCOUNT-FINANCIAL RECORDS

The CONTRACTOR shall maintain and preserve books of account and records of financial transactions regarding the expenditure of CITY funds pursuant to this Agreement. Said books and records shall accurately reflect monies received from the CITY by date and amount, and CITY monies expended by name of vendor, description of goods or services purchased, date of purchase, and price. The CONTRACTOR shall retain such books and records for at least three years following the expiration date of this Agreement. At any time during the term of this Agreement or within three years following the expiration date of the Agreement, said books and records shall be subject to examination and audit by authorized CITY personnel or by the CITY'S Representative.

9. CONTRACT REPRESENTATIVES

i. CONTRACTOR'S Representative

The CONTRACTOR hereby appoints Susan Caputo or her designee, to represent the CONTRACTOR with respect to all matters connected with this Agreement. Said Representative(s) shall be personally responsible for submitting all of the forms and statements as required by this Agreement.

ii. CITY'S Representatives

The General Manager of the Department of General Services, or his designee shall represent the CITY with respect to all matters connected with this Agreement, provided, however, that any matter which would increase the CITY's financial obligation hereunder will require the approval of the CITY's Council and Mayor.

10. NOTICES

The following addresses shall serve as the places to which notices and other correspondence between the parties shall be sent:

CONTRACTOR's address: Getty House Foundation Attn: Susan Caputo 605 South Irving Blvd. Los Angeles, CA 90005

CITY's address: City of Los Angeles Department of General Services 111 East 1st Street, Room 701 Los Angeles, CA 90012

4 • • 11. STANDARD PROVISIONS FOR CITY CONTRACTS

The STANDARD PROVISIONS FOR CITY CONTRACTS are included herein by this reference and a copy of said provisions dated October 2003 is attached hereto as PSC-1 through PSC-29 inclusive.

12. EXHIBITS

The following exhibits are included herein by this reference and a copy of said exhibits are attached hereto:

EXHIBIT 1-INSURANCE REQUIREMENTS

5 • •

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed:

THE CITY OF LOS ANGELES, A municipal corporation,

By ______Date. ______ALVIN Y. BLAIN General Manager Department of General Services

GETTY HOUSE FOUNDATION, A California Nonprofit Public Benefit Corporation,

By------Date ------SUSAN CAPUTO Executive Director

Attest: FRANK MARTINEZ, City Clerk

Date ______By~------Deputy City Clerk

APPROVED AS TO FORM AND LEGALITY ROCKARD J. DELGADILLO, City Attorney

Date ______By~------

6 J. MICHAEL CAREY :-.ITV OF Los ANGEL"' Office of the City Clerk CALIFORNIA CITY CLERK Council and Public Services FRANK T. MARTINEZ Room 615, City Hall Executive Officer Los Angeles, CA 90012 Council File Information - (213) 485-5703 General Information - (213) 485-5705 When making inquiries Fax: (213) 847-0636 relative to this matter Fax: (213) 485-8944 refer to File No. RICHARD J. RIORDAN HELEN GINSBURG 01-0366 MAYOR Chief, Council and Public Services Division

PLACE IN FILES JUL O5 2001

June 20, 2001 DEPUTY

Honorable Richard Riordan, Mayor Office of Administrative and Research Services Chief Legislative Analyst City Attorney Department of General Services Recreation and Parks Department

RE: MEMORANDUM OF UNDERSTANDING WITH THE GETTY HOUSE FOUNDATION

At the meeting of the Council held June 19, 2001, the following action was taken:

Attached report adopted...... X Attached motion ( - ) adopted ...... ·-----~ Attached resolution ( - ) adopted ...... ______Mayor concurred ...... ______FORTHWITH ...... ------Ordinance adopted ...... ______Ordinance number ...... ______Effective date ...... ·------Publication date ...... ______Mayor approved ...... ______Mayor vetoed ...... ______Motion adopted to approve attached report ...... ______

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER Recyclable aoo made trom recycled waste @ INFORMAT~OLOGY & GENERAL SERVICES COMMITTEE Report _9lllmn:Ricatiap for Signature Council File Number O } ,/ 03 b ~ Committee Meeting Date s-.;' )_ _<7 / 0 J Council Date , ... ,1 .. 01

COMMITTEE MEMBER YES NO ABSENT I COUNCILMEMBER PADILLA, CHAIR v COUNCILMEMBER CHICK ,/' COUNCILMEMBER SVORINICH ~ .,. ., (hoJ ~

Brian Walters, Legislative Assistant I---- Telephone 485-4467

, ' File No. 01-0366 TO THE COUNCIL OF THE CITY OF LOS ANGELES

Your INFORMATION TECHNOLOGY AND GENERAL SERVICES COMMITTEE reports as follows: Yes No Public Comments XX

INFORMATION TECHNOLOGY AND GENERAL SERVICES COMMITTEE REPORT relative to Memorandum of Understanding with the Getty House Foundation.

Recommendation for Council action:

AUTHORIZE the General Manager, Department of General Services, to execute a Memorandum of Understanding (attached to Council File) with the Getty House Foundation for the operation and oversight of the Getty House, subject to the review of the City Attorney as to form and legality.

Fiscal Impact Statement: The Office of Administrative and Research Services reports that funding in the amount of $118,000 will have to be included in the 2001-02 Fiscal Year's Budget. There is no additional impact on the General Fund.

Summary:

In July of 1997, the City entered into an agreement with the Getty House Foundation for restoration and refurbishment of the Getty House, so that the Mayor would be able to use the venue for receptions as well as serving as the residence for any future Mayors who choose to occupy it during their respective terms.

The proposed Memorandum of Understanding (MOU) would provide for the operation and oversight of the Getty House through the end of the 2004-05 Fiscal Year. It would clarify the responsibilities of the Foundation and the City.

Under the current agreement, the Mayor personally funds the maintenance and utilities of the Getty House. Under the revised agreement, the Department of General Services (GSD) would provide routine maintenance, and the Department of Recreation and Parks would provide landscaping and grounds maintenance. Funding in the amount of $118,000 will have to be included in the 2001-02 Budget. •

The Getty House Foundation would be responsible for oversight of the operations and activities, including fund raising, educational programs, and tours of the residence

At a special meeting held May 29, 2001, the Information Technology and General Services Committee approved the proposed MOU and now forward the matter to the Council for its consideration.

Respectfully submitted,

INFORMATION COMMITTEE

BEW #010366 5/29/01 ~oi-+ ADOPTED

JUN 1.Q 2001 LOS ANGELES CITY COUNCIL •

COUNCIL VOTE

19-Jun-01 11:37:15 AM, #3

Items for Which Public Hearings Have Been Held - Items 12-54 Voting on Item(s): 12-19,21-42,44-51,53-54 Roll Call

BERNSON Yes CHICK Yes FEUER Yes GARCETTI Yes HERNANDEZ Yes HOLDEN Yes MISCIKOWSKI Yes PACHECO Yes PADILLA Yes RIDLEY-THOMAS Yes SVORINICH Yes WACHS Absent WALTERS Absent *GALANTER Yes Absent Present: 12, Yes: 12 No: 0 INFORMATION TECHNOLOGY AND GENERAL SERVICES COMMITTEE SUGGESTED NOTIFICATION OF COUNCIL ACTION Council File No. 0/ / <'.SJ~ 5o

D Petitioner/Communicant~~~~~~~~~~~~~~~~~~~~ D Council Member(s)

g Mayor ~without f j 19) (Mail Stop 370)

~ City Administrative Officer (Mail Stop 130)

[ZS(' Chief Legislative Analyst (Mail stop 136)

~City Attorney (Mail Stop 140)

D Controller (Mail Stop 183) D Information Technology Agency (Mail Stop 131) D Board of Information Technology Commissioners (Mail Stop 131)

~partment of General Services (Mail Stop 508)

D City Clerk Records Management (Mail Stop 161)

~ ~'c(_,~u,J Ir Ar<.-Je,S D D D \ D D D REPORT FROM • • OFFICE OF ADMINISTRATIVE and RESEARCH SERVICES

Date: April 11, 2001 OARS File No. 0220-01645-0004 Council File No. 01~0366 , , Council Disltict: 4 '.':':.,; -1 ....._ 8 To: The Honorable Alex Padilla le, Chair, Information Technology and General Services Committee~ C) rv ,_x'•"'. . ; ·< From: William T Fujioka, Director ~ j ;-:; j)r1 (::1 (=) I :A Reference: Request for Report dated March 14, 2001 -: i N 'Tl , I .i::: <:, Pl Subject: Revised Memorandum of Understanding Relative to Operation And Oversight of The Getty House

SUMMARY

At the March 14, 2001 meeting of the Information Technology and General Services Committee, this Office was requested to report on a revised Memorandum of Understanding (MOU) relative to operation and oversight of the Getty House.

In July of 1997, the City entered into an agreement 'Nith the Getty House Foundation for restoration and refurbishment of the Getty House, in order that it could be used by the Mayor as a venue for City receptions, as well as serving as the residence for any future Mayors who choose to occupy it during their respective terms of office.

The proposed revised MOU would provide for the operation and oversight of the Getty House through the end of the 2004-05 Fiscal Year. It would also clarify the responsibilities of the Foundation and the City, respectively. A copy of the revised MOU is attached.

Under the current agreement, the Mayor personally funds the maintenance and utilities of the Getty House. Under the revised agreement, the Department of General Services would provide routine maintenance of the Getty House, and the Department of Recreation and Parks would provide landscaping and grounds maintenance on the site. Funding in the amount of $118,000 will have to be included in next year's 2001-02 Budget.

The Getty House Foundation would be responsible for oversight of the operations and activities at the House, including fund raising, educational programs, and tours of the residence.

n :,'"'!nr.v l11'~!'1..·"'rrn?tit;:1LI .•• r ..... ,. , ~ , . Tor:h-1( lr...,, ! i , •\Ii ~ .. ':-; .'J Qt"'nd

r:;r.,~.::.r .. ~, t ~-? ·~r-·1~ (Recommendation attached) U.:.:i:..,,CU v,;.,~:i 'J1~v..:> ~.PR l 2 ZOO\ OARS File No. Page • • 0220-01645-0004 2

RECOMMENDATION

That the City Council, subject to the approval of the Mayor, authorize the General Manager, Department of General Services, to execute a Memorandum of Understanding with the Getty House Foundation for the operation and oversight of the Getty House, subject to City Attorney approval as to form.

FISCAL IMPACT STATEMENT

Funding in the amount of $118,000 will have to be included in next year's 2001-02 Budget. There is no additional impact on the General Fund.

WTF:MC:lm

Attachment

37033 • • AGREEMENT BY AND BETWEEN Tl;[E CITY OF LOS ANGELES AND GETTY HOUSE FOUNDATION

This Agreement is entered into by and between the City of Los Angeles, a municipal corporation ("City") and Getty House Foundation, a California nonprofit public benefit corporation ("Foundation").

WITNESSETH

WHEREAS the City and the Foundation entered into an agreement in July 1997 pursuant to the terms of which the Foundation carried out significant restoration and refurbishment of the G.F. Getty House, located ·at 605 South Irving Boulevard, Los Angeles, California ("Residence"), in order that the restored Residence could be used by the Mayor of the City of Los Angeles as a venue for city receptions, to host heads of state and other dignitaries and as the home of Los Angeles Mayors who choose to occupy the Residence during their respective terms of office;

WHEREAS the City and the Foundation desire to enter into this agreement to supersede the July 1997 agreement in order to provide long-term coordination of the use and operation of the Residence whether or not the next Mayor of the City of Los Angeles elects to reside in the Residence;

1. Term of Agreement

The term of this agreement shall commence July 1, 2000 and continue for five years until June 30, 2005, subject to the City's ability to terminate for convenience with written notification to Getty House Foundation of at least 180 days.

2. Mission Statement

3. Supervision

In carrying out its duties and activities pursuant to this agreement, the Foundation shall report to and accept direction from the Mayor and the President of the City Council.

LAS99 1102108-1 T0025:? 001:? • • 4. Foundation's Activities

The Foundation shall be authorized to do the following:

a. Oversee content, operations and activities at the Residence;

b. Conduct fund raising and accept donations made for the benefit of the Residence, including the improvement, maintenance and operation thereof;

c. Conduct fundraising activities, such as the annual City of Angels Awards Lunch, to raise funds for the general support of the programs of the Foundation;

d. Conduct special events at the Residence for community outreach activities;

e. Conduct weekly public education activities associated with the history and culture of the City of Los Angeles at the Residence in conjunction with LAUSD;

f. Hold other children's educational and enrichment programs throughout the school year at the Residence;

g. Conduct tours of the entire Residence, provided that the tours will not include the second floor private living areas if the Mayor resides in the Residence ;

h. Direct and oversee physical and aesthetic improvements and repairs to the Residence and enter into subcontracts for the work to be performed in connection therewith;

i. Work with the Department of General Services for any planned work or activities which impact the work that the City will do;

5. City's Responsibilities

The Residence will be used by the Mayor for official City functions and events and may be used as the Mayor's residence while holding office. -

The City shall:

b. Provide, through the Department of Recreation and Parks, a full-time gardener for routine landscaping, irrigation and grounds maintenance on the site;

c. Provide all utilities for the Residence;

LAS99 1102108-4 T00252 0012 2 • • d. Provide, through the Department of Transportation, traffic control-as required for the Foundation's special events to be held at the Residence; ,, . · . :

e. Be responsible for and'oversee natural disaster repair work for the Residence, including obtaining reimbursement from FEMA/OES, and coordinate these efforts, to the extent possible, with the Foundation;

6. Furnishings and Other Possessions of the Foundation

The Foundation has solicited contributions of or has purchased all of the furniture, fixtures, window coverings, china, silver and other items presently located in the Residence. All of these items shall remain located in the Residence, unless their removal is otherwise approved by the Foundation. In the event that a Mayor chooses to reside in the Residence during his or her term of office, the City shall consult with and use its °best efforts to cooperate with the Foundation to ensure that all of the items not used by the Mayor on the second floor of the Residence are properly accounted for and stored, so as to be available at such time as a Mayor is no longer in residence. The first floor of the Residence, which is open to and available for use by the Foundation and the public in connection with Foundation programs and activities, shall remain undisturbed. ·

In order to preserve the historic integrity of the garden and other grounds ·of the Residence, neither the City nor any occupant of the Residence may make any modifications without the consent of the Foundation. ..,...., I ·., r, (". ,' 7. Permits ~

8. Foundation's Obligation for Oversight of Operations at the Residence

It is understood that the Foundation will continue to conduct fund raising for the Residence. However, the Foundation shall not be required to raise any specific amount of fund for the Residence, nor shall the Foundation be responsible for costs or expenses in connection with the Residence in the event all materials, equipment, furnishings, supplies and labor are not donated, unless the Foundation has entered into a subcontract for such materials, furnishings, supplies or labor. The Foundation shall not commence work on any aspect or item unless and until sufficient funds and donations have been received and encumbered by the Foundation from any source for completion of that aspect or item. Except as otherwise provided in this agreement, the Foundation is not authorized to obligate the City, financially or otherwise, without prior approval of the City's Municipal Facilities Committee.

9. Foundation Office and Exclusive Use

The Foun~tion will maintain an office at the Residence. If the Mayor resides in the {' ' Residence, the office shall be located in the Carriage House; if the txfayor is not residing in the ~-· ., LAS99 1102108-4 roo2;2 0012 .) • • Residence, the office shall be located in the main house. In addition, the· Foundation shall have 1,. the exclusive right to use the Residence for fundraising activities.

l 0. Mutual Indemnification

11. Insurance

City may insure, self-insure or retain its indemnity and liability risk in accordance with its customary risk management policy, at City's sole option. The City will, at its option, insure or self-insure for the replacement cost of physical damage to the Residence and its contents, as refurbished.

c. Directors and Officers Liability insurance having limits of at least $500,000 per occurrence and $1 million in the aggregate covering the wrongful acts of the - Foundation or its principals.

Foundation shall further require all contractors, vendors and permittees to provide evidence of appropriate insurance covering risks of loss which arise from their respective activities at the Residence and which includes both City and Foundation as additional insureds. If they are eligible, said contractors, vendors and permittees may satisfy this insurance requirement by participating in any of the City's blanket or group insurance programs.

LAS99 1102108~ T00252.0012 4 • • 12. Notices

The following addresses shall serve as the places to which notices and other correspondence between the parties shall be sent:

Foundation: Getty House Foundation 605 South Irving Boulevard Los Angeles, CA 90005

City: General Manager, Department of General Services Room 710, City Hall South 111 East First Street Los Angeles, CA 90012

13. Foundation's Representative

The Chairperson of the Foundation shall represent the Foundation with respect to all matters connected with this agreement.

14. City's Representative

The General Manager of the Department of General Services or his designee shall act on behalf of the City with respect to all matters concerning this agreement. {~- 15. Foundation Record Keeping ~)'

The Foundation shall maintain an accurate record of all donations received and expenditures made for the benefit of the Residence on behalf of the City during the term of this agreement in accordance with acceptable accounting practices. Such records shall be retained for at least three (3) years beyond the expiration or termination of this agreement. Within 30 days of receiving a written request from the City's Representative, the Foundation shall provide written reports regarding the Foundation's performance and copies of any financial self-audits or outside audit reports undertaken or commissioned by the Foundation. City shall at any reasonable time within three (3) years of the expiration or termination of this agreement through any duly authorized representative, have access to and the right to examine and conduct an-audit and reaudit of any pertinent books, documents or other records of Foundation involving transactions relating to this agreement.

16. Termination

If a party to this agreement fails to abide by a material provision of the agreement, the nonbreaching party shall provide written notice to the party allegedly in breach, specifying the alleged breach. The party receiving notice shall have 10 calendar days to cure ( or, in the case of a breach requiring more than 10 days to cure, commence and diligently proceed to cure) the alleged breach and/or provide a written response to the notice alleging breach. If, in the reasonable opinion of the party giving notice of breach, the breach has neither been cured, nor L:. '. has tlie party alleged to be in breach responded satisfactorily by commencing to cure the breach

LAS99 1102108-4 T00252 001:? 5 • ,... ( or demonstrating there is no breach, the nonbreaching party may terminate this agreement by providing written notice thereof to the other party. Upon dissolution of the Foundation or termination by the City of the agr~ement for breach of the agreement, all funds raised by the Foundation on behalf of the City shall become the property of the City and be placed in a City account to carry out the intended purposes of the agreement.

17. Applicable Law, Interpretation and Enforcement

Each party's performance hereunder shall comply with all applicabl.e laws of the United States of America, the State of California, and the City. This agreement shall be enforced and interpreted under the laws of the State of California and the City.

18. Integrated Agreement

19. Amendment

All amendments hereto shall be in writing and signed by persons who have signed this Agreement on behalf of the parties, by such other person, in the case of the City, who is ,..-.·., authorized to do so by the Mayor, or in the case of the Foundation, who is authorized to bind the Foundation thereto.

20. Independent Contractor

21. Prohibition Against Assignment or Delegation

Except as otherwise provided in Paragraph 4(t), the Foundation shall not, unless it has first obtained the written permission of the City, assign or delegate its rights, duties or obligations hereunder.

22. Nondiscrimination and Affirmative Action

The Foundation shall comply with the nondiscrimination and affirmative action provisions of laws of the United States of America, the State of California, and the City. In performing this Agreement, the Foundation shall not discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, marital status or medical condition. The Foundation shall comply with the provisions of the Los Angeles Administrative Code Section 10.8 through 10.13, to the exttnt applicable hereto. The City's Office of Contract Compliance shall assist the Foundation.._in complying with this paragraph of

LAS99 I I 02108~ T00252 0012 6 • ' the agreement. Any subcontract entered into by the Foundation relating to this agreement, to the .. -- ~ ...... ; . extent allowed hereunder, shall be subject to the provisions of this paragraph. ' . IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed:

THE CITY OF LOS ANGELES, a municipal corporation,

By ______Date------JON KIRK MUKRI General Manager Department of General Services

GETTY HOUSE FOUNDATION, a California Nonprofit Public Benefit Corporation,

By ______Date ______NANCY DALY RIORDAN

Attest: J. MICHAEL CAREY, City Clerk

By ______Date------Deputy City Clerk

APPROVED AS TO FORM AND LEGALITY JAMES K. HAHN, City Attorney

By ______Date------MARK L. BROWN, Assistant City Attorney

LAS99 I I02108-1 T00252 0012 7 J. MICHAEL CAREY .ITV OF Los ANGEL' Office of the City Clerk CALIFORNIA CITY CLERK Council and Public Services Room 615, City Hall When making inquiries Los Angeles, CA 90012 relative to this matter refer to File No. Council File Information - (213) 485-5703 General Information - (213) 485-5705

CF 01-0366 (file not transmitted) RICHARD J. RIORDAN MAYOR March 14, 2001

William T. Fujioka, Director Office of Administrative and Research Services

REQUEST FOR REPORT:

At the direction of the Chair of the Information Technology and General Services Committee, it is requested that your office report on the attached communication from the Mayor's Office regarding a revised Memorandum of Understanding relative to operation and oversight of the Getty House

Please submit your report to the Information Technology and General Services Committee, attention Brian Walters, Legislative Assistant, Room 615, City Hall. &-w~Sincerely, Brian Walters Legislative Assistant Information Technology and General Services Committee

cc. Councilmember Padilla Attn Ana Cubas

Chief Legislative Analyst Attn Roy Morales

Office of Administrative and Research Services Attn Terry Sauer

ro, AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER Recyclable and made from recycled waste '6"!) J. MICHAEL CAREY .TY OF LOS ANGEL4 Office of the City Clerk . CALIFORNIA CITY CLERK Council and Public Services FRANK T. MARTINEZ Room 615, City Hall Executive Officer Los Angeles, CA 90012 Council File Information - (213) 485-5703 General Information - (213) 485-5705 When making inquiries Fax: (213) 847-0636 relative to this matter Fax: (213) 485-8944 refer to File No. RICHARD J. RIORDAN HELEN GINSBURG MAYOR Chief, Council and Public Services Division

01-0366

February 23, 2001

INFORMATION TECHNOLOGY & GENERAL SERVICES COMMITTEE

In accordance with Council Rules, communication from the Mayor

relative to revised memorandum of understanding with the Getty

House Foundation regarding the operation and oversight of the Getty

House through June 30, 2005, was referred on February 23, 2001, to

the INFORMATION TECHNOLOGY & GENERAL SERVICES COMMITTEE.

c~-'tll~~ City Clerk amm

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER Recyciable and made from recycled woste @ • •

LOS ANGELES, CALIFORNIA 90012 RICHARD J. RIORDAN (213) 847-2489 OFFICE OF THE MAYOR MAYOR

·-· r.: , -< ...... 0 - i February 13, 2001 CJ ...,, i l"T1 ... i a:, , .. --, ... •' -~.-: ·- - The Honorable Rita Walters U1 Chair, Committee on Arts, Health and Humanities ""7') i C I O City Clerk !,, .. •' I ·_::.,-,,; . City Hall East, Room 508 ! ...r:- ,' -· !' .... I ..:.-- Dear Councilmember Walters: '• ( ' ; Enclosed for consideration by the Council Committee on Arts, Health and Humanities is a copy of the revised memorandum of understanding between the City and the Getty House Foundation regarding the operation and oversight of the Getty House through June 30, 2005. Some revisions have been made to better accommodate the City's next Mayor.

Under the current agreement, I have personally funded the maintenance and utilities of the Getty House. Under the revised agreement the Department of General Services will provide routine maintenance of the residence and the Department of Recreation and Parks will provide landscaping, irrigation and grounds maintenance on the site. The 2001-02 proposed City budget will provide funds for a house manager and to cover the costs of maintenance and utilities.

In carrying out its duties pursuant to the new agreement, the Getty House Foundation will report to and accept direction from the Mayor and the President of the City Council.

If you have any questions about this agreement, please contact Ann D'Amato of my staff at (213) 847-3473.

Sincerely,

FEB 2 2 2001

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER Recyclable ar

This Agreement is entered into by and between the City of Los Angeles, a municipal corporation ("City") and Getty House Foundation, a California nonprofit public benefit corporation ("Foundation").

WITNESSETH

WHEREAS the City and the Foundation entered into an agreement in July 1997 pursuant to the terms of which the Foundation carried out significant restoration and refurbishment of the G.F. Getty House, located at 605 South Irving Boulevard, Los Angeles, California ("Residence"), in order that the restored Residence could be used by the Mayor of the City of Los Angeles as a venue for city receptions, to host heads of state and other dignitaries and as the home of Los Angeles Mayors who choose to occupy the Residence during their respective terms of office;

1. Term of Agreement

2. Mission Statement

3. Supervision

In carrying out its duties and activities pursuant to this agreement, the Foundation shall report to and accept direction from the Mayor and the President of the City Council.

LAS99 1102108-4 T00252 0012 • • 4. Foundation's Activities

The Foundation shall be authorized to do the following:

a. Oversee content, operations and activities at the Residence;

b. Conduct fund raising and accept donations made for the benefit of the Residence, including the improvement, maintenance and operation thereof;

c. Conduct fundraising activities, such as the annual City of Angels Awards Lunch, to raise funds for the general support of the programs of the Foundation;

d. Conduct special events at the Residence for community outreach activities;

e. Conduct weekly public education activities associated with the history and culture of the City of Los Angeles at the Residence in conjunction with LAU SD;

f. Hold other children's educational and enrichment programs throughout the school year at the Residence;

g. Conduct tours of the entire Residence, provided that the tours will not include the second floor private living areas if the Mayor resides in the Residence ;

h. Direct and oversee physical and aesthetic improvements and repairs to the Residence and enter into subcontracts for the work to be performed in connection therewith;

i. Work with the Department of General Services for any planned work or activities which impact the work that the City will do;

5. City's Responsibilities

The Residence will be used by the Mayor for official City functions and events and may be used as the Mayor's residence while holding office. -

The City shall:

b. Provide, through the Department of Recreation and Parks, a full-time gardener for routine landscaping, irrigation and grounds maintenance on the site;

c. Provide all utilities for the Residence;

LAS99 1102108-4 T00252 0012 2 • • d. Provide, through the Department of Transportation, traffic control as required for the Foundation's special events to be held at the Residence;

6. Furnishings and Other Possessions of the Foundation

7. Permits

8. Foundation's Obligation for Oversight of Operations at the Residence

9. Foundation Office and Exclusive Use

The Foundation will maintain an office at the Residence. If the Mayor resides in the Residence, the office shall be located in the Carriage House; if the Mayor is not residing in the

LAS99 I I 02108-4 T002520012 3 • • Residence, the office shall be located in the main house. In addition, the Foundation shall have the exclusive right to use the Residence for fundraising activities.

10. Mutual Indemnification

11. Insurance

c. Directors and Officers Liability insurance having limits of at least $500,000 per occurrence and $1 million in the aggregate covering the wrongful acts of the - Foundation or its principals.

LAS99 1102108-4 T00252 0012 4 • • 12. Notices

The following addresses shall serve as the places to which notices and other correspondence between the parties shall be sent:

Foundation: Getty House Foundation 605 South Irving Boulevard Los Angeles, CA 90005

City: General Manager, Department of General Services Room 710, City Hall South 111 East First Street Los Angeles, CA 90012

13. Foundation's Representative

The Chairperson of the Foundation shall represent the Foundation with respect to all matters connected with this agreement.

14. City's Representative

The General Manager of the Department of General Services or his designee shall act on behalf of the City with respect to all matters concerning this agreement.

15. Foundation Record Keeping

16. Termination

If a party to this agreement fails to abide by a material provision of the agreement, the nonbreaching party shall provide written notice to the party allegedly in breach, specifying the alleged breach. The party receiving notice shall have 10 calendar days to cure (or, in the case of a breach requiring more than 10 days to cure, commence and diligently proceed to cure) the alleged breach and/or provide a written response to the notice alleging breach. If, in the reasonable opinion of the party giving notice of breach, the breach has neither been cured, nor has the party alleged to be in breach responded satisfactorily by commencing to cure the breach

LAS99 1102108-4 T00252 0012 5 • or demonstrating there is no breach, the nonbreaching party may terminate this agreement by providing written notice thereof to the other party. Upon dissolution of the Foundation or termination by the City of the agreement for breach of the agreement, all funds raised by the Foundation on behalf of the City shall become the property of the City and be placed in a City account to carry out the intended purposes of the agreement.

17. Applicable Law, Interpretation and Enforcement

18. Integrated Agreement

19. Amendment

20. Independent Contractor

21. Prohibition Against Assignment or Delegation

Except as otherwise provided in Paragraph 4(f), the Foundation shall not, unless it has first obtained the written permission of the City, assign or delegate its rights, duties or obligations hereunder.

22. Nondiscrimination and Affirmative Action

The Foundation shall comply with the nondiscrimination and affirmative action provisions of laws of the United States of America, the State of California, and the City. In performing this Agreement, the Foundation shall not discriminate in its employment practices against any employee or applicant for employment because of such person's race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, marital status or medical condition. The Foundation shall comply with the provisions of the Los Angeles Administrative Code Section 10.8 through 10.13, to the extent applicable hereto. The City's Office of Contract Compliance shall assist the Foundation in complying with this paragraph of

LAS99 1102108-4 T00252 0012 6 • • the agreement. Any subcontract entered into by the Foundation relating to this agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph.

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed:

THE CITY OF LOS ANGELES, a municipal corporation,

By ______~ Date------JON KIRK MUKRI General Manager Department of General Services

GETTY HOUSE FOUNDATION, a California Nonprofit Public Benefit Corporation,

By ______~ Date NANCY DALY RIORDAN ------

Attest: J. MICHAEL CAREY, City Clerk

By ______~ Date Deputy City Clerk ------

APPROVED AS TO FORM AND LEGALITY JAMES K. HAHN, City Attorney

By ______~ Date MARKL. BROWN, ------Assistant City Attorney

LAS99 1102108-4 T00252 0012 7