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HomeMy Public PortalAbout2016.005 (01-05-16)RESOLUTION NO. 2016.005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, AUTHORIZING THE MAYOR TO EXTEND THE PROFESSIONAL (LEGAL) SERVICES AGREEMENT THROUGH DECEMBER 31, 2016 WITH DAPEER, ROSENBLIT & LITVAK, LLP TO PROVIDE CODE ENFORCEMENT ATTORNEY /CITY PROSECUTOR SERVICES." WHEREAS, the City Council of the City of Lynwood adopted Resolution No. 2014.223 on December 16, 2014 'and entered into an agreement with Dapeer, Rosenblit & Litvak, LLP to provide Code Enforcement Attorney /City Prosecutor Services until December 31, 2015; and WHEREAS, Dapeer, Rosenblit & Litvak, LLP has been successfully providing such services since January 1, 2015; and WHEREAS, the executed agreement allows for an extension of the term to allow for the completion of litigation tasks on all pending matters; and WHEREAS, the increase will provide for priority cases to be resolved in addition to an increase of cases to be referred for legal proceedings; and WHEREAS, the Development Services Department feels that services provided by Dapeer, Rosenblit & Litvak, LLP are necessary to bring the code enforcement process to a close with priority cases. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. That the City Council of the city of Lynwood approves. and authorizes the Mayor or designee to extend the executed agreement from Dapeer, Rosenblit & Litvak, LLP to provide Code Enforcement Attorney /City Prosecutor Services as identified in Resolution No. 2014.223. Such agreement is extended through December 31, 2016. All terms and rates should remain the same as outlined in the original executed agreement. Section 2. That the City Council authorizes the City Manager or designee to transfer ($30,000) from the Unappropriated General Fund to the Code Enforcement Legal Fees Expenditure Line Item (1011.50.605.62001). i Section 3. That the Mayor is hereby authorized to extend the executed agreement between the City of Lynwood and Dapeer, Rosenblith & Litvak. Section 4. This resolution shall become effective upon its adoption. Section 5. The City Clerk shall certify as to the adoption of this City Council Resolution. PASSED, APPROVED and ADOPTED this 5th day of January, 2016. ATTEST: zed— aria Quinonez, City Clerk APPROVED AS TO FORM: I�hV4 WI-A David A. Garcia, City Attorney Vim- V- ' r Edwin Hernandez, Mayor APPROVED AS TO CONTENT: . Arnoldo Beltran, City Manager q'�Ah Erika Ramir z, nterim Director Developmen rvices [THIS SPACE INTENTIONALLY LEFT BLANK] 2 STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 5th day of January, 2016, and passed by the following vote: AYES: COUNCIL MEMBERS ALATORRE, SOLACHE, CASTRO AND MAYOR HERNANDEZ NOES: NONE ABSENT: SANTILLAN -BEAS ABSTAIN: NONE 'A'W � , "nYWA, W STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2016.005 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 5th day of January, 2016. PROFESSIONAL (LEGAL) SERVICES AGREEMENT This agreement ( "Agreement ") is made as of January 5, 2016 by and between the City of Lynwood, a municipal corporation ( "City ") and Dapeer, Rosenblit & Litvak, LLP, a California Limited Liability Partnership authorized to practice law ( "Attorneys "). RECITALS WHEREAS, City desires to utilize the service of Attorneys as special legal counsel to provide legal services to City as set forth in the attached Exhibit A; and WHEREAS, Attorneys represent that they are fully qualified to perform such legal services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Attorneys Services. A. Scope of Services. The nature and scope of the specific services to be performed by Attorneys are as described in Exhibit A. B. Time of Performance. Attorneys shall complete the specific services according to the schedule of performance which is also set forth in Exhibit A. 2. Term of Agreement. This Agreement shall commence on January 5, 2016 (the "Commencement Date ") and shall terminate on December 31, 2016 (the "Termination Date "), unless sooner terminated pursuant to the provisions of this Agreement. All terms and conditions or such an extension shall be by written agreement only. An extension of the term may only be approved by the City Manager to allow for the completion of litigation task on all pending matters handled by Attorneys at the Termination Date, subject to the Compensation schedule and amount described below (section 3. Compensation) unless duly modified by the City. 3. Compensation. A. City agrees to compensate Attorneys for services under this Agreement in compliance with the schedule set forth in Exhibit A. Payment will be made only after submission of proper monthly invoices in the form and manner specified by City. Each invoice shall include detailed itemization and consistent with the City's Billing Guidelines for Legal Services, as the same may be amended from time to time. City shall endeavor to pay invoices bearing correct and authorized charges within forty five (45) days of the date they are received; however, Attorneys acknowledge and agree that due to City warrant run procedures, the city cannot guarantee that payment will occur within this time period. City shall not be responsible to Attorneys for any additional charge, interest or penalties due to a failure to pay within such period. B. During the initial term of this Agreement (first twelve months) total payment to Attorneys pursuant to this Agreement shall not exceed the sum of Seventy Five Thousand Dollars Professional (Legal) Service Agrerent — Dapeer, Rosenblit & Litvak, LLP ($75,000.00) inclusive of any expenses incurred by Attorneys on behalf of City, pursuant to section C, below. C. If at the request of the City, Attorneys is required to incur out of pocket expenses; Attorneys shall be entitled to reimbursement of such expenses. Attorneys shall only be reimbursed for those expenses which: (i) appear on Attorney's monthly invoices; (ii) are accompanied by a copy of the City's written authorization for Attorney's to incur such expense; and (iii) receipts documenting such expenses. 4. General Terms and Conditions. The General Terms and Conditions set forth in Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit(s) to control. 5. Addresses. City City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Attn: J. Arnoldo Beltran, City Manager Attorneys Dapeer, Rosenblit & Litvak, LLP 11500 W. Olympic Boulevard Suite 550. Los Angeles, CA 90064 Attn: Ken Dapeer, Esq. 6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference. Exhibit A- Scope of Services and Time of Performance (three (3) pages) Exhibit B- General Terms and Conditions (eight (8) pages) SIGNATURES ON FOLLOWING PAGE Professional (Legal) Service Agreement — Dapeer, Rosenblit & Litvak, LLP IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below. CITY CITY OF LYNWOOD By: Edwin Hernandez, Mayor By: J. Arnoldo Beltran, City Manager ATTORNEYS DAPEER, ROSENBLIT & LITVAK, LLP By: Ken Dapeer, Esq. ATTEST: By: Maria Quinonez, City Clerk APPROVED AS TO FORM: By: David A. Garcia, City Attorney Date Date Date Date Date Professional (Legal) Service Agreement — Dapeer, Rosenblit & Litvak, LLP EXHIBIT "A" SCOPE OF SERVICES Attorneys shall provide the services described in Attachment A -1 hereto when and as requested by the City Manager of City or his designee. City shall receive a "most favored nation" status in matters of billing for services. The rates set forth in Attachment A -1 shall apply so long as Attorneys can certify that the rates are the lowest rates offered to its municipal clients in the greater Los Angeles Area. Professional (Legal) Service Agreemept- Dafeer, Rosenblit & Litvak, LLP, Exhibit A age EXHIBIT A -1 Ithp14effieas�tlon DRL is prepared to pr4e'&- services to the City of Lynwood rCity") based on current nxeeds:as stated.herein. t We are capable of providing the City of Lynwood ("City") with experienced may, PP City P rior Courts and, when n ss attorneys to appellate c urts� be well versed ,in the City's Inunicigal code and applicable State laws, and to provide any necessary' training and legal updates to Staff that are involved in `the enforcement of the municipal code and applicable State law: As demonstrated within this proposal, DRL attorneys have in excess of 120 years 'of collective experience performing these -exact duties for numerous other municipal clients, For over 30 years, DRL has successfully assisted Cities with increasing the percentage of voluntary compliance — thereby avoiding the unnecessary expenditure of precious City resources, while also representing Cities in Superior and Appellate courts throughout the State — as well as the California Supreme Court and the 9th Circuit Court of Appeals, when legal action is required. Although Kenneth Dapeer (a firm partner) would serve as the primary contact for our office with the City, Staff will have ready access to all of the attorneys at our firm — each of who are primarily dedicated to serving municipalities as code enforcement attorneys and prosecutors. While DRL has vast experience with over 50 different municipalities, we also understand that each City is unique and, as such, if selected by the City to serve as your City Prosecutor, we would propose the following implementation plan: 1. Mr. Dapeer would meet with appropriate City Staff (whether Code Enforcement personnel or Police Department personnel) to discuss current City policies, procedures, and practices as they relate to the .enforcement of the municipal code and applicable State laws, in addition to coordinating procedures for the referral of cases to our office. Mr. Dapeer would also discuss any currently ongoing cases, as well as any areas on which the City would like to focus its code enforcement efforts and resources. 2. Upon transfer of new and current cases to our office, we will independently analyze the issues and evidence in each case. Thereafter, we will provide Staff with our recommended course of action -- which will be based upon our experience and expertise at achieving complete compliance in a timely fashion, while preserving City resources. Cost recovery will be a topic of discussion in each case. Page 5 of 16 3. After consulting with Staff, we will commence appropriate and agreed -upon enforcement action(s). A. For 'those cases where criminal citation s -hh avc already been issued (cg., consumption of alcohol 'in public;, trespassing, blocking_ sidewalks; atlargc animals; noise: violations, etc;),. such actions would likely include filing a criminal complaint; and proceeding through, the criminal court system to secure a. conviction and .appropriate court - orders. - including probation with stay away orders, .prohibition of alcohol possession/ consumption)- noise restrictions, and restitution. b. For those cases involving ong©iaig, correctible violations (e.g., violationvof Building,' signage, arid, zoning standards, .lack :of a required- City license or' permit, etc.), such actions may includes issuingmaitten correspondence to a, violator from . ,our once or assisting in the preparation of a "final" notice from the City; acquiring an inspection and /or abatement warrant convicting office conferences /hearings; commencing appropriate administrative or criminal proceedings; seeking necessary. City authorizatioh for the commencement of civil proceedings . '(including injunctive and /or receivership actions). . 4. During the course of all proceedings handled by our office, we will maintain active communications with Staff regarding the status of the enforcement action, as well as to discuss any other actions required of Staff. 5. Concurrently and throughout the course of our representation of the City, we would review relevant provisions of the .City's municipal code and make recommendations (when' appropriate) on amendments to enhance the City's enforcement remedies, remain consistent with State law, and to otherwise assist the City to maintain and increase the quality of life within its boundaries. 6. If desired by the City, we will hold "office hours" at City Hall on a regular (agreed -upon) basis to provide City Staff an opportunity to meet with us to discuss ongoing cases and /or other issues. Notwithstanding any agreed -upon office hours, we will be readily accessible to respond to any inquiries or discuss cases with Staff. Naturally, this implementation plan would be discussed with Staff and modified as needed. Page 6 of 16 atff Staff Requirements, D1RL understands that any successful_ municipal'. code- enforcement program requires cooperation from all participating personh6 :— from the initial investigator -to the City Prosecutor's- Ounce that will commence She legal enforcement action. Often, the assistance from multiple- City Departments or Divisions is required — = including from the Divisions of Huil#mg 85. Safety and Planning, mane Department,: and /or the Police and Fire Department. As such, while the City Prosecutor must actively lead any legal enforcement action, we routinely and regularly communicate with Staff to discuss the City's goals and desires regarding each case. We will also discuss the investigation that, must, be peirformed and /or the necessary evii3e -ice that must be:,gathered, along with 'the required participation- of other appropriate City personnel. When requested or when otherwise appropriate, we will provide access to-public records (through use of the most recent technologies available); participate in inspections, and/or provide other legal advice to safeguard the integrity and efficiency of the investigation. Where additional written notices or communications may need to be issued by City Staff (as opposed to by the City Prosecutor), we will assist Staff to prepare such documents to ensure conformity with legal requirements and to maximize the likelihood of achieving compliance. We are cognizant of the demands, caseloads, and time constraints placed upon City Staff, and we have extensive experience in worldng with Staff to adhere to mandatory legal standards, while not placing undue burdens upon Staff and otherwise conserving limited City resources. Page 7 of 16 Firm Stdffbsa DRL is one of the most established and experienced law firms in California dedicated to assisting Cities in the enforcement of its municipal code and applicable State laws through administrative, civil, and criminal processes. Although DRL represents over 50 municipalities in 6 California counties, the majority of our clients are located in Los Angeles County. We maintain two offices in Los Angeles County (located in the Cities of Los Angeles and Huntington Park) to service municipal clients' needs. Thirteen (13) attorneys — including 4 partners and 9 associates, in addition to several paralegals, clerks, and administrative assistants, will provide all of the necessary legal services for the City. All of our attorneys are licensed to practice law throughout California. DRL's attorneys are: A James Eckart, Partner (Chief Prosecutor - Criminal Trial Division)'` D William Litvak, Partner (ChiefProseaAbr— Criminal & Civil Appeals) > Steven H. Rosenblit; Partner (Chief Prosecutor) Kenneth B. Dapeer, Partner (ChiefProsecutor) Anita Zuckerman, Senior Associate (Criminal & Civil Appeals) D Norma Copado, Senior Associate (Senior Tidal & Appeals Attorney) Y Charlene J. Wynder, Senior Associate (Thai & Appeals Attorney) p Patricia Fitzgerald, Associate (T dal Attorney) Caroline K. Castillo, Associate (Trial Attorney) (Gilbert Mikalian, Associate (Trial Attorney) D Eric Markus, Associate (Vial Attorney) Stephen Nirenberg, Associate ( Trial Attorney) ➢ Jessica Balady, Associate (Thal Attorney) James Eckart has spent the past 16 years (both as a City Prosecutor and with the Los Angeles County District Attorney's Office) criminally prosecuting people who violate' State and local laws. He has been an instructor, guest speaker, and /or lecturer for numerous Police Departments, the Los Angeles County Sheriff's Department, Code Enforcement Officer associations, Los Angeles County Health Department, and other governmental personnel ' on investigation techniques, search & seizure issues, report writing, and court procedures and testimony. Mr. Eckart authored and presented training to over 300 City Attorneys (through the League of California Cities) on how to successfully prosecute municipal code violations, Page 8 of 16 9I 3a 6 998d •a;s;g acp ;noggnojM saao go }uouzaosojua opoa soj sdogs:qaom ;uaruaozojua apoo ;B siagwids pus 'saa;ryoal `ssoprulsu! ;uanbaaj uaaq anBq iaadiea 'ala pue ;tjquasog •,:yQ •sto;ttoasosd F� pa;BU�isap naq; s8 sar;jlsdtaivmut �uinsas o; 6janisnjoxa ;souzls aapurd ,nail} pasmoj anBq pu7a 1UL6I ui aoWo szq; popunoj aaadBQ q ;auuag pum 4gquomS uanaw • ;uammiojua o ;olgd ;qgq psi, put tdtgszsntaoW Owe suot'untui 14u0marm Oottaejtll; soqoweu ;uauza�ie+�B air �estriu (uoignoasoid pus criir{ru��j rC`pa� �sarss P BusnCtmux Totpauz st soldo; gane uo jaargoat ao /pus 'aasleads ;said Ixo ;on.$su; us uaaq sBq pum 'lnoC) aouadng salafluV son acp soj um osd agpnf pus 'aaot .Uo ;uaural�as 'io ;sz WO us sE panzas dllsuol;tppe ssq aH •sauq aldpinw apzxoj�0 'tux s joj jai"unn7 4adnS B po=a uaaq sBxl pug,`stealt SZ 4soum �oj sa};clsciraitirtuxjo3isqaq uo - slanal a;Bgaddla pub is.4 aq; ;B q oq -- sxa;}mu Iu►b Pus Isumauo PalPtIaEi Buq 48AVI =01M Fee Progas8i Every municipality is unique - and its level of code enforcement activity is equally so. Given the varied need of code enforcement legal services from city to city, `it is difficult to provide an exact monthlyy, breakdown or am ual operai cost. Moreover, we often rind that when_a City is requesting proposals fora City Prosecutor position, it is accompanied by an increased demand for and /or a shift of priorities requiring augmented City Prosecutor services. Our legal fees are'based upon an hourly rate (as set forth herein), and, as such, the estimate may increase or decrease based upon the City's need for legal services - and the City's success with cost - recovery efforts. Our office does not request a monthly retainer. A. DRL attorneys have over 120 years of collective and unparalleled experience in the arena, of code enforcement legal -services. `Every, attorney at DRL has assisted our municipal clients to seek voluntary compliance and, when necessary, to utilize the criminal court system to force compliance with applicable laws. Our "general code enforcement services" would include the following services; ➢ Initial review of cases referred to our offico (along with applicable law) - and determinations as to the appropriate enforcement remedy, D Preparation of compliance request letters; ➢ Conducting office conferences with Staff and violators; D Preparationi of °inspectionand abatement warrants; A Conducting.inspections with City- personnel;, D Preparation of criminal complaints and related documents; and, D Criminal court appearances (except for appellate platters - see below); ➢ Staff training. Page 10 of 16 13. Ordfaance,'Draftina Services pzzai nour We have -over SU years of experience in advising City personnel• on how to interpret, ._utilize, arid .enforce municipal codes, as weal as relying upon and de%iiding such municipal: code provisions ;in. adzxiinistrative; civil, and criminal proceedings. 'As. previously mentioned, every city 14 unique grid although their. laws Are- similar, municipal code provisions should` be specifically tailored to the- needs..and goals of each city. -Otis experience, coupled with our attorneys' continuous knowledge of State laws and recent court opinions, provides our office- with invaluable insight into crafting ,municipal' code provisions that :are- understandable 'by, Your community,: practical to your enforcement :personnel, and legally defensible in court. We have drafted municipal code provisions regulating, amongst other items, specialized business activities (e.g., adult businesses, massage establishments, taxi operators); setting property maintenance standards and nuisance abatement procedures; establishing administrative citation programs; prohibiting smoking on public property and within limited private property locations; and establishing lien procedures and cost - recovery programs. Our "ordinance drafting services" would include reviewing and /or drafting any proposed amendments to the City's municipal code, as well as meetings with Staff to review and discuss said amendments - and, if requested, hearings before the City Council related to its review and potential adoption of the amendments. C. Administrative Hearing .Services - $225 /hour In addition W representing our municipal clients In court, - our attorneys have extensive experience representing. Staff in hearings before Business Licensing boards, Planning Commissions, City Councils, and other neutral hearing officers. Due to court opinions relating to potential conflicts of interest with a City Attorney, having a City Prosecutor that can represent Staff in front of an administrative hearing officer / body is crucial to avoid negative judicial review should an interested party seek to overturn the finial administrative determination. Our "administrative hearing services" would include the preparation of cases and appearances before any administrative hearing officer or body. Such cases would include: A Suspension/ revocation hearings pertaining to violations of business licenses, regulatory permits, and land -use permits; Page 11 of 16 > Transient Occupancy Tax appeals; ➢ Appeal hearings pertaining: 'to administrative abatement of public., nuisances (pursuarit.fo HBMC.Chapter &25); and,, > Appeal hearings pertaining to dangerous or substandard buildings'and Properties pursuant to the City's Building and Housing Codes. D. Appellate Services $225 /hour DRL attorneys are not only experienced in the Superior Court system, but our attorneys have also appeared in the Appellate Division of the Superior Court, the California Courts of Appeal, the California Supreme Court, and the 91h Circuit Court of Appeals. Our "appellate -services" would cover the preparation of cases and appearances related to any appeal of criminal or civil matters to a reviewing court. E. Civil Litigation Services $225 1Bout Mr. Litvak leads our civil litigation department, where we have successfully represented municipal clients seeking injunctive orders and /or the appointment of a receiver to cause the abatement of public nuisance conditions (involving substandard properties, hoarding conditions, dangerous buildings, "red lighe and narcotics nuisances, illicit massage parlors and hotels, and other similar nuisances). Additionally, we have represented municipal clients in the enforcement of complex municipal regulatory law including all forms of land -use regulations - including adult business activities, sign regulations, and other lot Amendment activities. Our office has assisted police departments to keep deadly weapons away from criminals and persons detained for mental evaluation pursuant to the California Welfare & Institutions Code. We have also defended public entities from claims arising out of the Federal and State Fair Housing Acts and Federal and State Civil Rights Acts. As appropriate, our office routinely coordinates with our clients' City Attorney regarding representation in such civil matters. Our "civil litigation services" includes the review of any matter T submitted for civil litigation services, the development of a litigation plan and review of same with City Staff, and the preparation of cases and appearances related to any.civil matter. r 0 Page 12 of 16 t, i r. F. Miscellaneous Costs See:betow' Any costs incurred by DRL on behalf of the City, as well as other expenses, would be billed in addition to the aforementioned fees. Such costs would include, but not be limited to; Process server fees and charges - As incurred for service of "Notices to Appear", filing of pleadings in court and the procurement of cerdfied public -records when not otherwiso available from our electronic service providers, and 'aher similar charges); Online 3rd party database providers - Transaction fee of $15 . for each request /search, in addition to actual charges• for the service provider. These searches include property ownership information, lien and /or loan documents, corporate or other business information, and "discovery" on individuals to identify and locate responsible parties; ➢ Online legal research charges - As incurred; D Copier charges - B&W - 20e /page; Color - $1 /page; ➢ Postage - As. incurred; ➢ Exhibit preparation (including enlargement of photographs) - As incurred; ➢ Court reporter or transcript fees -,A.s incurred. Any extraordinary expenses (e.g., 3rd party expert witness or consulting fees) would not be incurred without prior City approval. Page 13 4 References Here are a few references that you are welcome to contact to inquire about our•services. Additional references will be provided upon request. Scott Ochoa, City Manager Glendale City Hail 613 East Broadway, Room 200 Glendale, CA -1206 (818) 548 -4844 SOchoa&l.glendale.ca.us Michael J. Egan, City Manager Norwalk City Hall 12700 Norwalk Blvd. Norwalk, CA 90650 (562) 929 -51100 MEgan@norwalkca.gov Jose E. Pulido, City Manager Temple City City Hall 9701 Las Tunds Dr. Temple City, CA 91780 (626) 285 -2171 JPulido@templecity.us City Mariam Edward Starr, City Manager Montclair City Hall 5111 Benito Street Montclair, CA 91763 (909) 625 -9474 ECStar,@cityofmontclair.org John Schaefer, City Manager San Marino City Hall 2200 Huntington Drive San Marino, California 91108 (626) 300 -0781 am gr@cityofsaamarino.org Leo Mingle, Asst. City Manager Bellflower City Hall 16600 Civic Center Drive Bellflower, CA 90706 (562) 804 -1424 LMingle@bellflower.org Dg Artment Heads and Staff Litt/ o Agoura Bids - 30001 Ladyface Court Agoura HUL% CA 9130I Doug Hooper, A/ Director Planning & Community Development (818) 597 -7321 Amir (Ali) Hamizadeh, Building Official (8181597,7332 Mike Gonzales, Code Enforcement Officer (818) 597 -7335 G"itit aBaarstow - 220 East Mountain View Street, Suite A. Barstow, CA 923I1 Mary Willbond, Code Enforcement Supervisor (760) 255 -5155 Citra ofEellfloruer- 1.6600 Civic Center Drive, Hely}lower, CA 90706 Brian Lee, Econarnic Development Director (562) 804 - 1.424, ext. 2225 Rafael Guzman, Plaaain9 Director (562) 804 -1424, ext. 2276 City ofCalabasas: -100 Civic Center Way, Calabasas, CA 91302 Maureen Tamuri, Community Development Director ' (818) 2441701 Sparky Cohen, Building Official (818) 224 -1722 CMI ofCerrwos -18125 South.Bloom•Jield'Avenue, Cdo tbs, Califomia 90703 Gregory Berg, Director of Community and Safety Services (562).860-0311 Page 14 of 16 GYtel;.ofDmuwraey -.11111 I.Drookshim Avenue, Downey, CA 90241 'g OHam Davis,, City Planner, (562) 904-7154 Chief Carl Charles, Downey Police Department (562) 861 -0771 Capt. Dean Milligan, Downey Police Department (562) 861 -0771 Capt. Stephen Garza, Downey Police Department (562) 861 -0771 Citu:ofMonrovia - 415 South Ivy Avenue, Monrovia, CA 91016. Enearnaeion (Chan) Cervantes, Building Official (626) 932 -5527 Sheila Spicer- Batice, Neighborhood & Business Services Supervisor (626) 932 -5586 Graf ofMonfolair- 5111 Benito Street, Montclair, CA 93763 -2808 Steve Lustro, Community Development Director (909) 625 -9431 City of Norco - 2870 Clark Avenue, Norco CA 92860 Ken Swank, Code Enforcement Supervisor (951127.0-5684 9k of Palmdale - 38250 ,Serra Highway, Pabndctle, CA 93550 Bud Davis, Building Official (661) 267 -8385 9LSouth'Gate - 8650 California Avenue, South Gate, CA 90280 William Campana, Building Official (323) 563 -9500 Page 10 of 16 r r r i r .r. r. t t i Conclusion Over the course of almost 35 years, our office has represented over 50 cities in 6 counties enforcing municipal codes, agency regulations, and State laws through the exercise of our clients' administrative, civil, and criminal remedies. While our expertise in criminal prosecutions has been recognized by judges, defense counsel, City Attorneys, law enforcement agencies, government associations, and educational institutions, our attorneys continuously strive to seek resolution of matters without the need to commence litigation when possible. Our core belief is that the best results are obtained through thoughtful, deliberate, and thorough preparation, and we steadfastly adhere to the principles of respect, courtesy, cooperation, and diversity. Our attorneys -are readily available to provide training, advice, and support to City Staff to ensure the best possible result from legal enforcement actions. We understand the budgetary and other resource constraints that our clients face, and we work as part of the City Team to maximize the results of any enforcement action commenced by the City while conserving limited City resources. We are extremely excited about this opportunity, and we believe that our experience, competitive fees, and dedication to this field make us an excellent candidate for the City Prosecutor position. if you require additional information, please contact Kenneth Dapeer at (323) 587 -5221 or kdoLpeen@drllaw.com. Page 16 of 16 EXHIBIT "B" GENERAL TERMS AND CONDITIONS 1. Status as Independent Contractor. A. Attorneys is, and shall at all times remain as to City, a wholly independent contractor. Attorneys shall have no power to incur any debt, obligation, or liability on behalf of Cit or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Attorneys or any of Attorneys; employees, except as set forth in this Agreement. Attorneys shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City but only counsel for the specific matters City requests representation by Attorneys. B. Attorneys agree to pay all required taxes on amounts paid to Attorneys under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Attorneys and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Attorneys, then Attorneys agree to reimburse City of all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Attorneys shall fully comply with the workers' compensation law regarding Attorneys and Attorneys' employees. Attorneys further agrees to indemnify and hold City harmless from any failure of Attorneys to comply with applicable - worker's compensation, laws. City shall have the right to offset against the amount of any fees due to Attorneys under this Agreement any amount due to City from Attorneys as a result of Attorneys' failure to promptly pay to City any reimbursement or indemnification arising under this Section 1. D. Attorneys represent to the City, and City relies on Attorneys' representations, that Attorneys shall serve solely in the capacity of an independent contractor to the City. Neither the City nor any of its agents will have control over the conduct of the Attorneys or any of the Attorneys' employees, except as otherwise set forth in the Agreement. The Attorneys may not, at any time or in any manner, represent that it or any of its agent or employees are in any manner agents or employees of the City. The City has no duty, obligation, or responsibility to the Attorneys' agents or employees, including the Affordable Care Act coverage requirements. The Attorneys is solely responsible to any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act with respect to the Attorneys' agents and employees. Attorneys warrants and represents that the City will not responsible and will not be held liable for issues related to the Attorneys' status as an independent contract, including Attorneys' failure to comply with the Attorneys' duties, obligations, and responsibilities under the Affordable Care Act. The Attorneys agrees to defend, indemnify, and hold the City harmless for any and all taxes, claims, and penalties against the City related to the Attorneys' obligations under the Affordable Care Act. Professional (Legal) Service Agreement - Dapeer, Rosenblit & Litvak, LLP - Exhibit B 1 2. Standard of Performance and City Responsibilities A. Attorneys shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his /her designee. The City Manager or his /her designee may from time to time assign additional or different task or services to Attorneys, provided such tasks are within the scope of services described in Exhibit A. However, no additional or different tasks or services shall be performed by Attorneys other than those specified in Exhibit A, or those so assigned in writing to Attorneys by the City Manager or his /her designee. B. The City Manager shall, until further notice to Attorneys, administer this Agreement and provide for immediate supervision of Attorneys with respect to the series to be provided hereunder. C. Intentionally left blank. D. City agrees to provide all information and materials required for representation of the City in all matters assigned to Attorneys. E. Intentionally left blank. F. Intentionally left blank. 3. Indemnification. A. Attorneys are skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skills and knowledge of Atoners to perform said services and duties. Due to the specific nature of the services being provided by the Attorneys, the Attorneys do not represent nor warrant or predict specific outcomes of any enforcement or judicial proceedings in which Attorneys provide services to City. The Attorneys agree to use best efforts to seek results desired by City. Liability of Attorneys to City or duty of Attorneys to indemnify City with regard to all work and services performed or provided by Attorneys for City under this Agreement shall be limited to the total fee actually paid by City to Attorneys under the applicable Proposed Scope of Work. Under no circumstances shall Attorneys have any liability to City in excess of the amount of such fees or compensation. City acknowledges and agrees that but for the above limitation of liability, Attorneys would not be able to provide the services for City under this Agreement, and that this limitation of liability is reasonable. B. City and its respective elected and appointed boards, official, officers, agents, employees and volunteers (individually and collective, "Indemnitees ") shall have no liability to Attorneys or any other Professional (Legal) Service Agreement - Dapeer, Rosenblit & Litvak, LLP - Exhibit 8 2 person for, and Attorneys shall indemnify, defend, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims "), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death or any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of the Attorneys's negligence. Except for liability arising from the gross negligence of Attorneys, its employees, contractors, subcontractors or agents, liability of Attorneys to City with regard to all work and services performed or proved by Attorneys for City under this Agreement, including but not limited to any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement, shall be limited to the total fee actually paid by City to Attorneys under the applicable Proposed Scope of Work. Under no circumstances shall Attorneys have any liability to City in excess of the amount of such fees or compensation, unless such liability arises out of the gross negligence of Attorneys, its employees, contractors, subcontractors or agents. City acknowledges and agrees that but for the above limitation of liability, Attorneys would not be able to provide the services for City under this Agreement, and that this limitation of liability is reasonable. C. Attorneys agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, subAttorneys or any other person or entity involved by, for, with or on behalf of Attorneys in the performance of this Agreement. In the event Attorneys fails to obtain such indemnity obligations from others as required in this Section, Attorneys agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnitees as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage's which may have been required under this Agreement or any additional insured endorsements which may extend to City. Notwithstanding the provision of Paragraph (B), City acknowledges that under certain circumstances the City shall have the obligation to defend and indemnify Attorneys for claims arising out of their roles as code enforcement attorneys and City Prosecutor for the City, but not arising from Attorneys' negligence or intentional misconduct, from and against all and any claims, actions and liabilities arising from work performed within the scope of their duties under this Agreement. The foregoing provision shall survive the termination of this Agreement. 4. Insurance Professional (Legal) Service Agreement - Dapeer, Rosenblit & Litvak, LLP - Exhibit 8 3 A. Without limiting Attorneys indemnification of Indemnitees pursuant to Section 3 of this Agreement, Attorneys shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below: i. Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 001 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. ii. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than 1,000,000 per accident, combined single limit. If Attorneys owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described in the preceding subsection. If Attorneys or Attorney's employees will use personal autos in any way on this project, Attorneys shall provide evidence of personal auto liability coverage for each such person. iii. If required by California law,, Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses; iv. Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy from coverage specifically designed to protect against acts, errors or omissions of the Attorneys and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. B. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability. C. All insurance procured pursuant to these requirements shall be written by insurers with a Best's rating of no less than A: VII. D. All insurance policies shall provide that the insurance coverage shall not be non - renewed, cancelled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return Professional (Legal) Service Agreement - Dapeer, Rosenblit & Litvak, LLP - Exhibit 8 4 receipt requested, addressed to "Risk Manager," City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Attorneys agrees that it will not cancel, reduce or otherwise modify said insurance coverage. E. Attorneys shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement ". F. The Attorneys's insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the city, its officers, officials, employees and volunteers shall be excess of the Attorneys's insurance and shall not contribute with it. G. Attorneys agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Attorneys and the cost of such insurance may be deducted, at the option of City, from payments due Attorneys. 5. Confidentiality. Attorneys in the course of its duties may be access to confidential data of City, private individuals, or employees of the City. Attorneys covenants that all data, documents, discussion, or other information developed or received by Attorney or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Attorneys without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Attorneys's covenant under this section shall survive the termination of this Agreement. 6. Ownership of Work Product. All reports, documents or other written material developed by Attorneys in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Such material shall not be the subject of a copyright application by Attorneys. The provisions of this paragraph shall not apply to computerized claim forms and other proprietary software and materials (the "Attorneys Proprietary Materials "), which are solely owned by Attorneys. Such Attorneys Proprietary Materials shall be clearly marked, designated or labeled by Attorneys, and City agrees not to sue or distribute any such Attorneys Proprietary Materials without written permission of Attorneys. 7. Conflict of Interest. A. Attorneys covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Attorneys under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Attorneys further Professional (Legal) Service Agreement - Dapeer, Rosenblit & Litvak, LLP - Exhibit 8 covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Attorneys shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. Attorneys covenants not to give or received any compensation, monetary or otherwise, to or from the ultimate vendors) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Attorneys. Attorneys's covenant under this section shall survive the termination of this Agreement. 8. Termination. Notwithstanding any other provision, this Agreement may be duly terminated at any time by the City at its sole discretion with our without cause. Unless expressly agreed upon in writing by the City, the City shall not be obligated to pay for any services rendered nor any costs or expenses; paid or incurred after the date of termination. The effective date of termination shall be upon the date specified in the written Notice of Termination. Attorneys agree that in the event of such termination, City's obligation to pay Attorneys shall be limited to payment only for those services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Attorneys shall discontinue performing services, preserve the product of the services and upon payment for services, turn over to the City the product of the services in accordance with written instructions of City. Attorneys may also at anytime suspend, terminate or abandon this agreement by providing written notice of such to the City as least seven (7) days in advance of the effective date of termination of this agreement. Attorneys shall be compensated to actual costs that were incurred and work performed as of the effective date of such notice. 9. Personnel. Attorneys represent that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Attorneys or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Attorneys reserves the right to determine the assignment of its own employees to the performance of Attorneys's services under this Agreement, but City reserves the right, for good cause, to require Attorneys to exclude any employee from performing services on City's premises. 10. Financial Condition. Intentionally left blank. 11. Non - Discrimination and Equal Employment Opportunity. A. Attorneys shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Professional (Legal) Service Agreement - Dapeer, Rosenblit & Litvak, LLP - Exhibit 8 11 B. Attorneys will, in all solicitations or advertisements for employees placed by or on behalf of Attorneys state either t hat it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Attorneys will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts for subcontracts for standard commercial supplies or raw materials. 12. Assignments. Attorneys shall not assign or transfer any interest in this Agreement nor the performance of any of Attorneys' obligations hereunder, without the prior written consent of City, and any attempt by Attorneys to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void of no effect. 13. Performance Evaluation. For any Agreement in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as a basis for review, and any comments or complaints received by City during the review period, either orally or in writing shall be considered. City shall meet with Attorneys prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Attorneys to correct the inadequacies, or, in the alternative, may terminate this Agreement as provide herein. 14. Compliance with Laws. Attorneys shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Attorneys shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in quality occasioned by failure of Attorneys to comply with this Section. 15. Licenses. At all times during the terim of this Agreement, Attorneys shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder. 16. Non - Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Attorneys constitute to be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Attorneys, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 17. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing Professional (Legal) Service Agreement - Dapeer, Rosenblit & Litvak, LLP - Exhibit B 7 party in such action or proceeding shall be entitled to recover its costs of suit, inkling reasonable attorney's fees and costs, including costs of expert witnesses and Attorneys. 18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Attorneys' regular business hours or by facsimile before or during Attorneys' regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 19. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constituent one and the same instrument. 21. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect. 22. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Attorneys and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the Mayor and attested by the City Clerk. 23. Authority. The person or persons executing this Agreement on behalf of Attorneys warrants and represents that he /she has authority to execute this Agreement on behalf of the Attorneys and has the authority to bind Attorneys to the performance of its obligations hereunder. Professional (Legal) Service Agreement - Dapeer, Rosenblit & Litvak, LLP - Exhibit 8 0