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HomeMy WebLinkAbout2019 CON Valerie Gurrola - Legal Services - Amendment #1FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND VALERIE GURROLA This First Amendment ("Amendment") to the Agreement by and between the City of National City and VALERIE GURROLA, an individual, is entered into this 18th day of March 2019, by and between the City of National City, a municipal corporation (the "CITY") and VALERIE GURROLA, an individual, ("ATTORNEY"). RECITALS WHEREAS, the parties entered into the February 7, 2019 Agreement ("Agreement") for certain legal services regarding compliance with Penal Code Section 832.7 to be provided by the ATTORNEY to the CITY. WHEREAS, the Agreement was executed by the City Manager pursuant to her authority under the National City Municipal Code. WHEREAS, Article 4.A. of the Agreement provided that payment to ATTORNEY shall not exceed $8,000. WHEREAS, redactions of records under Penal Code Section 832.7 are ongoing in response to several outstanding Public Records Act requests. WHEREAS, the CITY estimates an additional $17,000, payable to defend the City under the Risk Management authority, is required to pay ATTORNEY to finalize redaction efforts that comply with Penal Code Section 832.7. WHEREAS, the CITY wishes to increase the not -to -exceed amount by $17,000, for a total not -to -exceed amount of $25,000. NOW, THEREFORE, the parties agree as follows: AGREEMENT 1. Article 4.A. of the Agreement entered into on February 7, 2019 shall be amended to increase the not -to -exceed amount by $17,000, for a total not -to -exceed amount of $25,000. This $17,000 is payable to defend the City under the Risk Management authority. 2. The parties further agree that with the foregoing exception, each and every term of the February 7, 2019 Agreement shall remain in full force and effect. IN WITNESS THEREOF, the parties hereto have executed this First Amendment on the date and year first written above. CITY OF NATIONAL CITY Leslie Deese, City Manager APPROVED AS TO FORM: Angil P. Morris -Jones 't Attorney Bv: oberto M. Contreras Deputy City Attorney VALERIE GURROLA, AN INDIVIDUAL By: -V0114;4 A'1-1/~6 Valerie Gurrola, Esq. First Amendment to 2019 Agreement 2 City of National City and March 2019 Valerie Gurrola 5 019 FEBRUARY TIME LOG Intern: VALERIE GURROLA Internship: NC City Attorney 02/01/19-02/28/19 Read thorugh Chiefs bulletin + other SB 1421 related presentations/articles Updated SB 1421 PRA list Hayward case research Discussion of 2/1/19 hearing in Dept. 67 HOJ re SB 1421 POA lawsuit Research Adobe redaction help for text box on add button re SB 1421 Research definition of "GBI/SBI/UOF" 0.6 1 2.5 0.2 1 1.7 2/7/2019 Examined A/V Vendor Quote for editing/transcribing records Reviewed Order Granting Stay re case #2019-00005450 Research definition of "UOF" on secondary sources Reviewed SB 1421 supplementary info/guides/FAQ sheets published by other agencies Discussion w/ Robby re tasks with PC 832.7 and aftermath of court's Stay Order Westlaw Research: "officer; use of force; pc 832.7" Read thorugh PRA guide from League of Ca cities Research for SB 1421 re officer involved in case considered a witness 0.3 0.2 0.8 1.3 0.2 1.5 0.9 0.6 2/19/2019 Reviewed SB 1421 Working Group emails Skimmed SB 1421 POA cases + minute orders + email correspondence Discussion w/ Robby re assignments + update on SB 1421 Working Group Read through Govt Code 6254 to ensure compliance with SB 1421 work Research use of canine threshold into GBI; UOF; GBI (secondary sources + case law) Research re CA League of Cities Forum- Q: Charging for SB 1421 records Research & notes re Comparison of other cities' handling of SB 1421 0.3 0.5 0.5 0.4 2.3 0.6 1.1 2/21/2019 Discussion w/Robby re feedback from GBI/UOF + other cities methods Report and setting up SB 1421 Working Group Meeting Research Title 2 Muni Code for SB 1421 Redaction vendors procedure Research examples of SB 1421 GBI (i.e., black eye in People v. Muniz; dog bite in People v. Prepared for SB 1421 Work force meeting (discussion with Robby + print reports) Debrief with Robby re next steps for SB 1421 actions Call John to update computer to Windows 10 to operate with X drive folder for SB 1421 Draft email to send to PD Officers involved in SB 1421 PRA request re possible threats Research Sgt. Ybarra Q re SD Harbor Police status + all local agencies .- O O O O O 2/25/2019 Review PD's redaction and corrected Case # x025 Discussion w/ Robby re current redactions, how to approach questionable redactions + process Researched Long Beach POA case 59 CAL.4TH 59 Researched League of Cities Forum for consensus on redacting officers' names; GBI definiton Reviewed NCPD Officer courtesy letter re SB 1421 & PRA release & sent to Asst. Chief New assignment discussed with Robby re "Staff Analysis" for calculations of SB 1421 redaction Created excel spreadsheet re "Staff Analysis" for calculations of SB 1421 redaction costs Reviewed SD Sheriff & CVPD's released redacted records to determine what/how they redacted 0.6 0.4 0.2 1.6 0.5 0.1 0.5 1 2/26/2019 Review PD's redaction and corrected Case # x025 (IA redacted) Round 1 Discussion w/ Robby re Questions while review redactions for Case # x025 (IA Created cheatsheet for UOF/SBI/GBI Meeting w/ Angil + Robby re SB 1421 Redactions for Case # x025 (IA redacted) Read Robby's email with SB 1421 Legislative history attachments Review PD's redaction and corrected Case # x033 (IA redacted) Round 2 Questions/Dsicussion w/ Robby re tactical analysis redactions on case # x025 4.1 0.6 0.2 1 0.7 0.5 0.3 2/27/2019 Review PD's redaction and corrected Case # x033 (IA redacted) Researched case law / Secondary Sources for specific examples on Gov Code 12525.2 for Examined other PDs UOF report form for method, categorization, and definition of SBI, types of Morning Discussion w/ Robby re GBI current info and direction to take with research (Gov Code Reviewed Calif DOJ URSUS UOF Incident Reporting handbook (re SB 1421 categories) UOF Policy discussion w/ Robby and Nicole for NCPD operating procedures Conitnued creation of cheatsheet for UOF/SBI/GBI Research for NCPD UOF + Canine Policies -Lexipol and Operating procedures research Canine case law research for clearer guidance (Smith v. City of Hemet; Thompson v. County of 1 1.4 0.5 0.2 0.4 0.1 1.6 0.8 2.3 Review PD's redaction and corrected Case # x293 (Crime) Discussion w/ Robby re Asst.Chiefs comments and canine concern with other state-wide 0.5 0.1 2/28/2019 Review PD's redaction and corrected Case # x293 (Crime) Discussion w/ Robby re Questions of redactions for Case # x293 (Crime) 8.1 0.4 Total 5:3.5 Page 2 of Z CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk VALERIE GURROLA Amendment #1 Legal Services Agreement Leah Munoz (City Attorney) forwarded a duplicate original Agreement to Valerie Gurrola.