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CONTRACT 3284 Settlement Agreement• • 0 2 4 AGREEMENT OF SETTLEMENT 1. PARTIES The parties to this Agreement of Settlement (hereinafter referred to as "AGREEMENT ") are Mr. John Gutierrez (hereinafter referred to as "EMPLOYEE "), and the City of El Segundo, (hereinafter referred to as "CITY "). 2. RECITALS 2.1. EMPLOYEE is an employee of the Fire Department of the CITY. 2.2. On May 14, 2001, EMPLOYEE filed a written grievance (hereinafter referred to as "GRIEVANCE I ") with the CITY in regard to an allegation of discrimination. 2.3. On May 23, 2001, EMPLOYEE filed a written charge of discrimination with the Department of Fair Employment and Housing (DFEH) and the Equal Employment Opportunity Commission (EEOC), designated as Charge No. 340AI2365 (hereinafter referred to as "CHARGE I "). On May 23, 2001, the DFEH issued a right to sue letter to EMPLOYEE with regard to CHARGEI. 2.4. On October 19, 2001, EMPLOYEE initiated the CITY's pre - grievance process (hereinafter referred to as "GRIEVANCE II ") with regard to a written allegation of retaliation for having filed a complaint with the EEOC. 2.5. On February 25, 2002, EMPLOYEE filed a written charge of retaliation with the DFEH and the EEOC, designated as Charge No. 340A200620 (hereinafter referred to as "CHARGE II "). 2.6. EMPLOYEE and CITY intend hereby to fully, finally and comprehensively resolve and release all claims and disputes between them arising out of or related to GRIEVANCE I and GRIEVANCE II and CHARGE I and CHARGE II, together with all matters and facts underlying or arising out of them and any and all other claims EMPLOYEE may have respecting discrimination, harassment and /or retaliation regarding or arising out of EMPLOYEE's employment with the CITY (collectively and separately, the "CLAIMS "), from the beginning of time up to and including the EFFECTIVE DATE of this AGREEMENT. As a condition precedent to this AGREEMENT, the EEOC must issue an Acknowledgement of Settlement letter. 3. CONSIDERATION 3.1. In exchange for the withdrawals and releases set forth herein, the CITY shall pay EMPLOYEE the sum of $50,000.00 in the form of a check made payable to the Carlsmith Ball LLP Client Trust Account to be mailed to EMPLOYEE's counsel, Robert F. Kull, via certified mail return receipt requested within five (5) business days after the EFFECTIVE DATE of this AGREEMENT. The CITY will report this transaction on a Form 1099, which the parties agree 6160697.2 Page 1 of 7 Initials /113 - _� • 0 2 4 32" 84•... shall be sent to EMPLOYEE by appropriate notice in writing as provided in Paragraph 7.10 herein. 3.2. In exchange for the withdrawals and releases set forth herein, as of the EFFECTIVE DATE, the CITY shall restore eighty -two (82) hours of sick leave to EMPLOYEE's sick leave account. 3.3. In exchange for the payments and representations made herein, EMPLOYEE shall withdraw GRIEVANCE I with prejudice and shall direct the El Segundo Fire Fighters' Association (the "Association ") to take no further action with regard to GRIEVANCE I within five (5) business days after receipt of the payment described in Paragraph 3.1 above. 3.4. In exchange for the payments and representations made herein, EMPLOYEE represents, warrants and agrees that he will not institute, file, prosecute nor participate in the institution, filing or prosecution of any lawsuit or claim with any court, tribunal or agency respecting the CLAIM, or any aspect thereof, including, without limitation and only by way of explanation, any claims or causes of action under Title VII of the Civil Rights Act of 1964, as amended, and the California Fair Employment and Housing Act. 3.5. In exchange for the payments and representations made herein, EMPLOYEE shall withdraw GRIEVANCE II with prejudice and direct the Association to take no further action with regard to GRIEVANCE II within five (5) business days after receipt of the payment described in Paragraph 3.1 above. 3.6. In exchange for the payments and representations made herein, and except only as to such rights or claims as may be created by this AGREEMENT, EMPLOYEE hereby, and for his heirs, representatives, successors, and assigns, releases, acquits, and forever discharges CITY, and each of its predecessors, successors, members, managers, assigns, agents, officers, employees, representatives, insurers, attorneys, and all persons acting by, through, under, or in concert with any of them, and each of them, from any and all claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now has or may acquire in the future, which relate to or arise out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in affect at any time from the beginning of time up to and including the EFFECTIVE DATE of this AGREEMENT however characterized relating to or arising out of the CLAIMS, without regard to whether such CLAIMS arise under the federal, state or local constitutions, statutes, rules or regulations, or the common law; provided, further, that EMPLOYEE shall be prohibited from attempting to introduce or introducing facts underlying or arising out of the CLAIMS in any subsequent administrative, legal or equitable proceeding for any purpose, including without limitation for purposes of providing evidence of motive, intent, or course of conduct of discrimination, harassment, or retaliation against him, if, for example, there is a further occurrence of the alleged actions which form the subject matter of any of the CLAIMS, however nothing herein shall be construed to state or suggest that the City cannot take such historical information into account when making personnel decisions. EMPLOYEE expressly acknowledges that the CLAIMS forever barred by this AGREEMENT specifically include, but 6160697.2 Page 2 of 7 Initials '-�' • 4 `�4 : 0 2 are not limited to, claims based upon any alleged harassment, discrimination, retaliation, wrongful termination, constructive discharge, breach of employment contract, alleged breach of any duty arising out of contract or tort, any alleged wrongful termination or constructive discharge in violation of public policy, any alleged breach of any express or implied contract for continued employment, any demand for wages, overtime or benefits arising out of or relating to the CLAIMS, or any other claim or cause of action arising out of or relating to the CLAIMS, including, but not limited to, any and all claims whether arising under any federal, state or local law prohibiting wrongful termination, breach of employment contract, or employment discrimination, harassment or retaliation based upon sex, race, color, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, and any other federal, state, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, or regulation. 3.7. EMPLOYEE further agrees that he will hold harmless and indemnify the CITY from and against any claims, costs and expenses, including payroll taxes, tax deficiencies, penalties and interest incurred in connection with any investigation, challenge, levy or assessment by the Internal Revenue Service, the state Franchise Tax Board, or any other taxing authority of any state, locality or country with respect to the non - payment of taxes by reason of the payments described herein. 3.8 CITY hereby, and for its successors and assigns, releases, acquits, and forever discharges EMPLOYEE, and his spouse, heirs, devisees, assigns, agents, representatives, insurers, attorneys, and all persons acting by, through, under, or in concert with any of them, and each of them, from any all claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights and demands of any nature, whatsoever, known or unknown, suspected or unsuspected, which CITY now has or may acquire in the future, which relate to or arise out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at any time from the beginning of time up to and including the EFFECTIVE DATE of this AGREEMENT relating to or arising out of EMPLOYEE'S having pursued, filed and /or prosecuted the CLAIMS. 4. UNKNOWN CLAIMS With respect to the CLAIMS released herein, the parties understand that California Civil Code Section 1542 reads as follows: 6160697.2 "Certain claims not affected by general release" "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which if known by him must have materially affected his settlement with the debtor." Page 3 of 7 Initials N ..02 4� '"'P4 To the extent of the CLAIMS, the parties hereby waive the protection of California Civil Code Section 1542. 5. WAIVER OF ADDITIONAL CLAIMS The parties hereby waive any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3 and 4, above. 6. REPRESENTATIONS AND WARRANTIES Each of the parties represents and warrants to, and agrees with the other party as follows: 6.1. Advice of Counsel: Each party has received independent legal advice from its/his attorney(s) with respect to the advisability of making the settlement provided for herein, with respect to the advisability of executing this AGREEMENT, and with respect to the meaning of California Civil Code section 1542. 6.2. No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission or promise of any other party (or of any officer, agent, employee, representative, or attorney of or for any party) in executing this AGREEMENT, or in making the settlement provided for herein, except as expressly stated in this AGREEMENT. Each term of this AGREEMENT is contractual and not merely a recital. 6.3. Independent Investigation: Each party to this AGREEMENT has made such investigation of the facts pertaining to this settlement and this AGREEMENT and all the matters pertaining thereto, as it/he deems necessary. 6.4. Comprehension: Each party or responsible officer thereof has read this AGREEMENT and understands the contents hereof. 6.5. Mistake Waived: In entering into this AGREEMENT and the settlement provided for herein, each party assumes the risk of any misrepresentation, concealment or mistake. If either party should subsequently discover that any fact relied upon by it/him in entering into this AGREEMENT was untrue, or that any fact was concealed from ivhim, or that its/his understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including, without limitation, on the generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT. This AGREEMENT is intended to be and is final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever. 6160697.2 Page 4 of 7 Initials_ (1 n� 41 3184 . 6.6. Later Discovery: Each party is aware that it/he may hereafter discover claims or facts in addition to or different from those it/he now knows or believes to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties to fully, finally and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed between them. In furtherance of such intention, the releases given here shall be and remain in effect as full and complete mutual releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto. 6.7. Ownership of Claims: The parties represent and warrant as a material term of this AGREEMENT that they have not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, the parties further warrant and represent to one another that none of the CLAIMS released hereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity. 6.8. Indemnification: The parties agree to indemnify and hold harmless each other, and their respective employees and agents, from and against any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this AGREEMENT. 6.9. Future Cooperation: The parties will execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this AGREEMENT. 7. MISCELLANEOUS 7.1. No Admission: Nothing contained herein shall be construed as an admission by the parties of any liability of any kind. Each of the parties hereto denies any liability in connection with any claim and intends hereby solely to avoid potential litigation and buy its peace. 7.2. Governing Law: This AGREEMENT has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California. 7.3. Full Integration: This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by the parties hereto. 7.4. Continuing Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, employees, representatives, officers, directors, divisions, subsidiaries, affiliates, assigns, heirs, successors in interest and shareholders. 6160697.2 Page 5 of 7 Initials • • 0 2 3284 7.5. Joint Drafting: Each parry has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the same shall not be construed against either party. 7.6. Attorneys' Fees: In the event of litigation arising out of or relating to this AGREEMENT, the prevailing party shall be entitled to recover from the nonprevailing party his or its reasonable attorneys' fees, costs, and expenses. 7.7. Severability: In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect. 7.8. Titles: The titles included in this AGREEMENT are for reference only and are not part of the terms of this AGREEMENT, nor do they in any way modify the terms of this AGREEMENT. 7.9. Counterparts: This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to both parties. 7.10. Notice: Any and all notices given to either party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party's discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail. As to EMPLOYEE: Robert F. Kull, Esq. And To Carlsmith Ball LLP 444 South Flower Street, Ninth Floor Los Angeles, California 90071 -2901 As to the CITY: Mr. John Gutierrez 21305 Kent Avenue Torrance, California 90503 Mark D. Hensley, Esq. And To Mr. Bret M. Plumlee Burke, Williams & Sorensen, LLP Director of Administrative Services 611 West Sixth Street, Suite 2500 City of El Segundo Los Angeles, California 90017 350 Main Street El Segundo, California 90245 7.11. Effective Date: This AGREEMENT shall be effective following the 6160697.2 Page 6 of 7 Initials_ 4� U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ~I 84 John Gutierrez c/o Robert F. Kull, Esquire Carlsmith Ball LLP Los Angeles District Office 444 South Flower Street, Ninth Floor Los Angeles, CA 90071 -2901 City of El Segundo c/o Mark D. Hensley, Esquire Burke, Williams & Sorensen, LLP 611 West Sixth Street, Suite 2500 Los Angeles, CA 90017 U2 255 E. TEMPLE STREET, 4TH FLOOR LOS ANGELES, CALIFORNIA 90012 1- 800 - 6694000 (213)894 -1000 TDD (213) 894 -1121 FAX (213) 894 -1118 Charge Numbers 340A200620 and 340A 12365 Charging Party Respondent ACKNOWLEDGMENT OF SETTLEMENT In view of the Agreement reached between the Respondent and the person claiming to be aggrieved, the Equal Employment Opportunity Commission (EEOC) will take no further action on behalf of the person claiming to be aggrieved. EEOC will discontinue processing the above noted charge. This action does not reflect any judgement by EEOC as to the merits of the charge or the terms of the settlement. Furthermore, EEOC does not waive its right to process any other charge, including a charge filed by a member of the Commission, or to institute a directed ADEA or EPA investigation against the Respondent. Sincerely, f i Date �Olopl'us Perry, District Director Los Angeles District Office M m Silver,Hadden &Silver Fax :3103955801 Sep 11 '02 SILVER, MADDEN $z SILVER A PROFESSIONAL LAW CORPORATION STEPHEN H. SILVER WILLIAM J. HAODEN SUSAN SILVER ROBERT M. WEXLER KEN YUWILER ELIZABETH SILVER TOURGEMAN HOWARD A. L18ERMAN SARAH J. MARTOCCIA DEVONNE L. MIDSON MICHAEL D. SCHWARTZ DEAN WEINREICH 1428 SECOND STREET SANTA MONICA, CALIFORNIA 90401 MAILING ADDRESS POST OFFICE BOX 2161 SANTA MONICA, CALIFORNIA 90407.2161 TELEPHONE (310) 393.1486 TELEPHONE (323) 870.0900 FAX (310) 395.5801 10:29 P. 01 84 W17NKER3'C4 MPEN,94770V OF GDUNSFL J. LEONARD STERN STEVEN E. KAYE PERSONAL INJURY OPCOLrNSEL SHALE F. KREPACK DATE: September 11, 2QQ2 FAX NO: 310- 465 -1401 TO: dark D, Hensley, Esq, OF: Burke, Williams & Sorenson. LLP FROM: Sarah J. Martoccia, Esq. DOCUMENT TRANSMITTED: Letter re E1 Segundo FFA,._IAFF Local_ 682 NUMBER OF PAGES: (including this cover sheet) COMMENTS: SHOULD ANY PROBLEM OCCUR DURING TRANSMISSION, PLEASE CALL (310) 393 -1486. CLIENT: _EL SEGUNDO FFA BILLING NO: 1677 -1 XX _ Original will not follow Original will follow by: First Class Mail Certified Mail, Return Receipt Requested Federal Express Other (specify) TRANSMITTED BY: Cheryl THIS MESSAGE IS INTENDED ONLY FOR THE INDIMUAL OR E1`PITTY TO WHICH IT IS ADDRESSED. AND MAY CONTAIN INFORMATION THAT IS PRIYILEOED, CONFIDENTIAL AND EXEMPT FROM DX3CL03URE UNDER APPLICABLE LAW. IF THE READER OF THIS MBSSAOB IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBZE FOR DBLIVERTNO THS ME33AOI: TO THE INTENDED RECIPIENT. YOU AIM HEREBY NOTIFIED THAT ANY DISSENIVAn0N, DMTRMUTION OR COPYING OIL THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE NOTIFY US D MiDIATELY BY TELEPHONE. Silver.Hadden &Silver Fax:3103955801 Sep 11 '02 10:29 P.02 LAW O F US BUM, WrLu A.MS & SORENSZN, LLP ORANGE MPM OPME 611 WEST SIXTH STREET, SUITE 2500 tll01 v179 rA%MAN ASR &M FUrM I(M LOS ANCr:LE9, CALIFORNIA 90017 -3102 AVMCA(.1?0"IAmu-tow Tel; 213 236-0600 Td H (9) 9 -mm ( ) Va t94e1Na,,aao Fart: (213) 236 -2700 WWW.bvrJrMOOM SCAN DMOO for =weST BROADWAY. 911376 910 3AN D16GO. CKAM MA 019101 4553 Tot (619)6134672 Foe (6t9)611.od11 wrWi MM 0141; 91376.2804 �IAyo�(�Al,dor.o+M $AN PRANC19CC 0"= 919 SANSOW, STRSET, =1731200 SAN 0ANCISC4. CAL7FORNiA 04111-3320 Td: (4151951.1160 For. (4 15) =41124 September 6, 2002 VIA FACSIMILES M01 395 -5801_ Sarah J. Martorcia, Esq. Silver, Hadden & Silver 1428 Second Street Sgzta Monica, California 90407 -2161 0AANp>rA(F11l8 mice W Tams 94](1-3)37, SU1Til 200 UVWY .MeALt9OM(A 9Z50W629 Tel: t'90%71ib41W M+G t9a9� 791.s7� ViNlVRACOln4'1'Y OF71Cf 491 O EAST rOND¢ROSA>�� [; -317178 u CA3(AR(la.G;CAL1FORMA 930104747 TO, (Nal"7.3469 In (Add) 4871" OM F(Lb' NO: ' 00114.0001 Re: E1 Segundo Firefighter Association IAFF Local 3682 ("Association''') Dear Ms. Martoccia: Pwxsuaat to the message I left with your office, the City and Firefghter John Gutierrez appear to have agreed on the settlement documents. Accordingly, it is necessary to again amend the July 12, 2002 letter agreement that was executed by you on behalf of the Association. The City is proposing to amend paragraph no. I of the July 12, 2002 letter agreement' (which was previously amended on August 22, 2002) to read as follows: "1. Mr. Gutierrez enters Into an agreement with the City by September 30, 2002, whereby W. Gutierrez withdraws such Grievances and relinquishes his rights to pursue same" The rem=der of the leder agreement will remain in full force and effect. If the Association is in agreement witli the above terms and conditions, please countersign this amcuudznerzt to the letter agreerneot' at the bottom of the page and return such to me at your earliest convenience. I expect the agreements to be executed within the next several LA # 1 A022t v1 L9 Silver,Hadden &Silver Fax:3103955801 Sarah J. Martowk, Esq. September 6, 2002 Page 2 Sep 11 '02 10:29 P.03 days but wanted to extend the time period through the end of the month so that hopefully it will snot be necessary to amend the letter agreement once again. Sincerely, i,,,I --> --,4 Maxi D. Hensley of BLTJG,'WILLIAMS & SORENSEN, LLP Z hereby represent and warrant that the Association agrees to the terms and conditions of this Inter agreement and tlKI have been authorized to execute this letter agreement on the Associad*ea behalf.. Silver, & Silver • Q, LAW OFFICES 3 JR 2 8 4 ' a BURKE, WILLIAMS & SORENSEN, LLP ORANGE COUNTY OFFICE 611 WEST SIXTH STREET, SUITE 2500 INLAND EMPIRE OFFICE 18301 VON KARMAN AVENUE, SUITE 1050 LOS ANGELES, CALIFORNIA 90017 -3102 3403 TENTH STREET, SUITE 300 IRVINE, CALIFORNIA 92612 -1009 Tel: (949) 863.3363 Tel: (213) 236 -0600 RIVERSIDE, CALIFORNIA 92501 -3629 Tel: (909) 788 -0100 Fax: (949) 863 -3350 Fax: (213) 236 -2700 Fax: (909) 788 -5785 www.bwslaw.com M SAN DIEGO OFFICE 402 WEST BROADWAY, SUITE 810 SAN FRANCISCO OFFICE 450 SANSOME STREET, SUITE 1200 VENTURA COUNTY OFFICE SAN DIEGO, CALIFORNIA 92101 -3553 SAN FRANCISCO, CALIFORNIA 94111 -3320 2310 EAST PONDEROSA DRIVE, SUITE 25 Tel: (619) 615 -6672 Tel: (415) 955 -1160 CAMARILLO, 93010.4747 CALIFORNIA ORNI Fax: (619) 615 -6673 Fax: (415) 982 -0824 Tel: (805) 68 Fax: (805) 482 -9834 Writer's Direct Dial: 213- 236 -2804 OUR FILE NO: mhensley�, bMalaw.can 00111 -0001 August 22, 2002 VIA FACSIMILE (3 10) 3 95 -5 801 Sarah J. Martoccia, Esq. Silver, Hadden & Silver 1428 Second Street Santa Monica, California 90407 -2161 Re: El Segundo Firefighter Association IAFF Local 3682 ( "Association ") Dear Ms. Martoccia: As we discussed earlier this week, the City and firefighter John Gutierrez are still working towards finalizing a settlement agreement. Accordingly, it is necessary to amend the July 12, 2002 letter agreement that was executed by you on behalf of the Association. The City is proposing to amend paragraph no. 1 of the July 12, 2002 letter agreement to read as follows: 661. Mr. Gutierrez enters into an agreement with the City by August 31, 2002, whereby Mr. Gutierrez withdraws such Grievances and relinquishes his rights to pursue same." The remainder of the letter agreement will remain in full force and effect. If the Association is in agreement with the above terms and conditions, please LA #99132 vl 3284•..: Sarah J. Martoccia, Esq. August 22, 2002 Page 2 countersign this amendment to the letter agreement at the bottom of the page and return such to me at your earliest convenience. Sincerely, , Mark D. Hensley of Burke, Williams & Sorensen, LLP I hereby represent and warrant that the Association agrees to the terms and conditions of this letter agreement and that I have been authorized to execute this letter agreement on the Association's behalf. Sarah Martoccia, Esq. For Silver, Hadden & Silver M M 3284 .. City of El Segundo A- � • City Manager's Office Fax Cover Sheet Date: ©s l A-;� / D'„ To: 57 ara.�1 la/t ©CC- ta� From: Mark ins 1 c y Number of Pages Including this Cover Sheet: 3 Fax No.: /A j.?' �31o) 3,' g-S ?o 1 Fax No.: (310) 322 -7137 Message: . P L �Y 310- 3 '�. -�- - ?t3 -? 7K 3/12/99 3284•,,, SILVER, HADDEN & SILVER A PROFESSIONAL LAW CORPORATION July 12, 2002 SENT VIA FAX ON JULY 12, 2002 TO 310 - 465 -1401 ORIGINAL MAILED VIA FIRST CLASS MAIL Mark D. Hensley, Esq. Burke, Williams & Sorenson, LLP 611 West Sixth Street, Suite 2500 Los Angeles, California 90017 -3102 Re: El Segundo Firefighter Association IAFF Local 3682 Dear Mr. Hensley: Enclosed is the executed Letter Agreement in the above - referenced matter. I will be placing the original in today's mail. Thank you for your attention in this regard. Sincerely, SILVER, H EN & SILVER � U( SARAH J. MCcRTOCCIA SJM:clm Enclosure cc: Kevin Rehm, President, El Segundo Firefighters' Association, Local 3682 201791tr.w[d 1428 SECOND STREET P H. SILVER WILLIAAM M J. HADDEN SA SANTA MONICA, CALIFORNIA 90401 WO OF COUNSEL COUNSEL SUSAN SILVER SUSAN MAILING ADDRESS J. LEONARD STERN ROBERT M. WEXLER POST OFFICE BOX 2161 STEVEN E. KAYE KEN YUWILER ELIZABETH SILVER TOURGEMAN SANTA MONICA, CALIFORNIA 90407 -2161 PERSONAL INJURY HOWARD A. LIBERMAN TELEPHONE (310) 393 -1486 OF COUNSEL SARAH J. MARTOCCIA TELEPHONE (323) 870 -0900 SHALE F. KREPACK DEVONNE L. MIDSON MICHAEL D. SCHWARTZ FAX ( ) 395-5801 310 SUSAN E. RUSNAK July 12, 2002 SENT VIA FAX ON JULY 12, 2002 TO 310 - 465 -1401 ORIGINAL MAILED VIA FIRST CLASS MAIL Mark D. Hensley, Esq. Burke, Williams & Sorenson, LLP 611 West Sixth Street, Suite 2500 Los Angeles, California 90017 -3102 Re: El Segundo Firefighter Association IAFF Local 3682 Dear Mr. Hensley: Enclosed is the executed Letter Agreement in the above - referenced matter. I will be placing the original in today's mail. Thank you for your attention in this regard. Sincerely, SILVER, H EN & SILVER � U( SARAH J. MCcRTOCCIA SJM:clm Enclosure cc: Kevin Rehm, President, El Segundo Firefighters' Association, Local 3682 201791tr.w[d E ORANGE COUNTY OFFICE 12301 VON KARMAMAVFNUr, WITE 1050 IRWVC,CAL140RNiA 92612-1 D111) Tel (949) 963.3.10 Fnx (740)863.3)50 SAN DiEGO OFFICE 462 WEST BROADWAY. SU1TT3 810 SAN nIKGO, CALIFORNIA x:100553 Tel (6191615.66r. Fax (617)611.0673 Writer; Direct Dia' 213. 236 -29n4 M11cn;1ey(n?bn%1tm c4m, Sarah J. Martoccia. Esq. Silver, Hadden & Silver 1428 Second Street Santa Monica, California LAW OFFICES BURKE, WTLLIAMS & SORENSEN, LLP 611 WEST' SIXTH STREET. SUITE 2500 LOS ANGELES, CAI.rrORN1A 90017 -3102 Tel: (213) 236 -0600 Fax: (213) 236 -2700 www. hwslaw.corn SAN r4ANCISC.O OrrICE 450 GANSON11, STREET. SUYTE :200 SA N rRANC1SC0, CALIFORNI A 94111.3320 Tel {A 1.51 05 8 -1 160 Fax: 01!1 9R2-DA24 90407 -2161 July 12, 2002 3284 :'`.'LAND 5MPIkP OFFICL '40'7 TP\77V STREET. SUITF..1 .^0 Fnx repot 7Q4.c�gc LF \"Il'Rrt COUNTY r M17T_ 21!0 EAST PONDP.ROSA DRIVE. SUTF 2S CAMARILLO, CA11MRVA 133011a'4' Te: (805)99' -34s? Fax (905) 482 -9534 OUR r1LE No Pr I ! -0001 Re: El Segundo Firef getter Association IAFF Local 3682 ("Association" Dear Ms. Martoccia 11r As you are aware, your clients. firefighter John Gutierrez and the Association. have grievances outstanding against the City relating to incidents involving Battalion Chicf Eric Moore (filed with the City on or about May 14, 2001 and October 19, 2001 - "Grievances "). The City is in the process of trying to resolve Mr. Gutierrez's Grievances through his legal counsel, Robert Kull of Carlsmith Ball, LLP. The City is proposing by this letter that the Association agree that to the extent it has any right to pursue the Grievances, separate and apart from Mr, Gutierrez, the Association will withdraw such Grievances and relinquish its rights thereunder subject to the following conditions: Mr. Gutierrez enters into an agreement with the City- by Jule- 31. 2002. whereby Mr. Gutierrez withdraws such Grievances and relinquishes his rights to pursue same. 2. The City hereby acknowledges the Association's and it members' rights in accordance with Article 1.10, Section E of the current Memorandum of Understanding to have grievances (in accordance with Step Four of the Grievance Procedure) that allege a violation of the Personnel Ordinance, the Classification and Salary Resolution, the Personnel Rules or the Memorandum of Understanding submitted to the Los Angeles Civil Services Commission. The City acknowledges that it does not have discretion as to whether or not to submit such `r LA M932 v I M Sarah J. Martoccia, Esq. July 12. 2002 Page 2 grievances to the Commission so long as the applicable grievance rules and procedure have been followed. 3. The City hereby acknowledges that the Association's withdrawal and relinquishment of its rights to pursue the Grievances cannot be used in anv manner by the City in the future .for purposes of asserting that the Association. or members thereof, cannot utilize any or all aspects of the grievance procedures. If the Association is in agreement with the above terms and conditions, please countersign this letter agreement at the bottom of the page and return to me at your earliest convenience. Very truly yours, Mark D. ensley of BURKE, WILLIAMS & SORENSEN. LLP i hereby represent and warrant that the Association agrees to the tenrs and conditions of this letter agreement and that I have been authorized to execute this letter agreement on the Association's behalf. ���A1'Al� YVtartnrrier"`�os1 1 - - -- For-Silver., Wadden & Si cc: Mary Strenn, City Manager Brett Plumlee, Director of Administrative Semices Nonr Angelo, Fire Chief Kevin Rehm, President of the Association John Gutierrez, Firefighter LA 995932 vl