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Home My Public Portal About86-063 (06-17-86)RESOLUTION NO. 86-63 A RESOLUTION OF THE CITY COUNCIL OR THE CITY OF LYNWOOD T1~ APPROVE A CONTRACT AGREEMENT FOR CITY PROSECUTOR SERVICES IN SUPPORT OF THE CODE ENFORCEMENT PROGRAM WHEREAS, City Prosecutor Services are currently being provided in support of the City's Code Enforcement Program; and WHERFZ-~S, the current City Prosecutor Contract Agreement ends June 30, 1986; and WHEREAS, there is a need to provide continued City Prosecutor Services for ongoing Code Enforcement cases; and WI-IEREAS, Council has reviewed proposals for City Prosecutor Services for fiscal year 1986-87 (July 1, 1986 - June 30, 1987) and has chosen MARTIN J. ~4AYER to provide said services. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, determine, order and resolve as follows: Section L Approve and adopt the attached Contract Agreement with MARTIN J. b1AYER to provide City Prosecutor Services in support of the City's Code Enforcement Program for fiscal year 1986-87. Section 2. Authorize the Mayor to execute the attached Contract Agreement. PASSED, APPROVED and ADOPTED this 17th day of June 1986. ATTEST: ANDREA L. HOOPER, City Cler~~ City of Lynwood APPROVED AS TO FORM: ~~~ :~r City Attorney ROBERT HENNING, Mayo City of Lynwood APPROVED AS TO CONTEND: /%'o~GLtNII~.~eR V1~~ L. Director Community Develop,~ent Accoun~ ng Manager STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGLES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at a regular meeting thereof held in the City Hall of said City on the 17th day of June 1986, and passed by the following vote: AYFS: COUNCILPERSON BYORK, MORRIS, THOMPSON, WELLS, HENNING NOES: NONE ABSENP: NONE City Clerk, City of Lynwood STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood and clerk of the City Council`of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 86_63 on file in my office and that said resolution was adopted on the dace and by the vote therein stated. Dated this 17th day of June 1986. -, ~~~~_ .City Clerk, City o~'f Lynwood CONTRACT This Agreement LYNS9O0D, a municipal "City") and MARTIN to as "Contractor). entered into by and between the CITY OF corporation (hereinafter referred to as J. DIAYER (hereafter referred WITNESS WHEREAS, Contractor, by reason of training and experience, is qualified to perform the duties and functions of the City Prosecutor; and WHEREAS, Contractor is familiar with State and local laws and regulations relating to the prosecution of municipal code violations; and WHEREAS, the City does not have anyone available within its employ qualified to perform the duties and functions of City Prosecutor; and WHEREAS, Contractor is willing and qualified to perform such duties and functions from time to time, as needed by the City, and as required by the City; and WHEREAS, the City desires to contract with Contractor to perform such service to be funded with Community Development (~"~ Block Grant Funds and City Funds; NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL CONVENANTS AND CONDITIONS, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Contractor shall perform all duites, functions and services requested by the City to be performed hereunder as an independent Contractor; 2. The terms of this contract shall commence July 1, 1986, and shall end on June 30, 1987, however, this agreement may be terminated by thirty (30) days notice in writing by either party. 3. Contractor shall review all cases pertaining to violations of municipal cede sections; hold informal hearings in order to negotiate voluntary compliance and, when necessary, complete the legal procedures for prosecuting violators through the tunicipal Court; 4. Contractor shall also make himself available to the staff of the City in order to give legal advice and make recommendations regarding changes, alterations or modifications to the municipal codes, in order to make them more effective; 5. It is the purpose and intent of this agreement that Contractor shall make himself available in offices assigned by the City Manager at least seven (7) hours per week, and shall be compensated at the rate of eighty dollars (580.00) per hour; o. The maximum amount payable under this agreement shall not exceed S32,000; 7. Contractor performing duties of City Prosecutor shall be N,ARTI~; J. P4AYER or a designee if mutually acceptable to the City Manager and MARTIN J. PIAYER City ~'rosecutor Agreement Page 2 8. Contractor shall submit a detailed statement describing services rendered (particularly identifying each case or matter worked on) and time spent at the end of each month, and payment shall be made within thirty (30) days from submission of statement and invoice; 9. Contractor and City hereby covenant and agree that the Department of Housing and Urban Development, the City of Lynwood, or any of their duly authorized representatives, upon reasonable notice, shall have access to all reports, records, papers and files pertaining to the subject matter hereof for the purpose of making audits, examinations and excerpts for a period of five years after final payment and transcription is received and all other pending matters are closed; 10. Contractor agrees to comply with the terms and conditions of Executive Order 11246, titled "Equal' Employment Opportunity; as amended by Executive Order 11375; 11. Contractor further agrees to comply with the terms and conditions of Title IV of the Civil Rights Act of 1968, Section 3 of the Housing and Commuity Development Act of 1968, and Section 109 of the Housing and Community Development Act of 1974 attached hereto; i2. The parties. acknowledge and the Contractor shall cooperate fully to assure that no officer, agent, or employee of the City shall have any personal or financial interest in this Agreement or the renumeration paid pursuant to this Agreement to the Contract. 13. Any notice required to be given hereunder shall be addressed as hereinafter set forth, deposited in the United States mail, with postage fully prepaid thereon, and shall be deemed delivered on the fifth day following the date of mailing. _ IN WITNESS WHEREOF, the Governing bodies of the parties hereto have authorized this agreement and have caused said agreement to be executed by their respective chief executive officer and attested by the executive officer -Clerks thereof as of the day, month and year first above written. CITY City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Robert Henning, May r Date: ~_ /S-G7 CONTRACTOR ~L;l.~.w ~ ~ 1 L I Date: 4.. `` ~ tt"~ (; " APPROVED as To rcRM: i. City seer `lY{Jr'~f ~I _1 ~" Date: i:_/7-FC ~" - //~` ,., ~. / "~ Employmea: Cppcr:uaities far :care: Iaccce Persons la ,/J" Connection a1:n .issisceu Pro~ec a Sec, 7.q Ia the aaminlstra:ion by the Sec.-a:ary of Hcuslag sac Drbaa Development o1 prograau providing Cirec: fiasaclal assistance is aid of housing, urban ylaaaiag, cevelopmoat, reCevelopment, or renmoal, public or coanualcy Sacllities, nad near com¢ualty develcp- meat, the Secretary shall- (1) require, is cocsultacloo with the 9ocretary of :.abor that to `h - c training ~I Dlaaaiag •ay such rasiaiag e g. ea est •x:eot feasible opportuai:les for nad employtmat arising is cocnectioae:ch the and carrying out of nay pro,7ect ass/ateC uaaer prngrsa co be given to loser income persons Sa [se area of suca project; nad (2) require, la coasultaclcd with the .iCministrator of the Small Bus iaess Adalnistration, [hat co the greatest extent feasible contracts for work to be performed 1n connection with any such project be awarded co bus:aess concerns, including buc~sot limited to lndlvlauals or firms doing bus iaess is tae field o1 planning, consulting, design, arcnltectura, building construction, renabill:aclon, maintenance, or repair, waich are 1oc3:ed is or owaea 1a substantial Dart by persons resiaing in the ares of suca project. 4l~ediately prior to acenaea by sac. 404, ..°.ousiag Sad Crban Development Ac: of 1969, pub Lc ~tw 91-152, approves Deceaser 24, 1969, 33 Stat. 3?9,295, the employceat aaa work opportuaiues requirements o1 this Sect:oa 3 were lisu:es to the acainlscrlizcn 01 :he Sec:lca 274 bcmeovnership progrsm, the 236 rental assistance oroy.-a.o, tae section 221 (d) (3) below-gar Yet-caterest-ra :e ~rogrSa, public Couslag, aaa tae rear supolemect progrsm. This aoe.^.e Went also deleted :rom the heading of section 7 ae ~~oras "Jobs :~ 3eusidg•' (e^+ -eccioa 109 - Sousing is Ccataual:y Ceve'_opmeat act of 157-; POND:SC3I1lI:f6C'ICY Sec. 109. (a) vo persea .n ae Cai :ea S:a :rs shall oa ae groans of race, color, as tloaal or:gia, or sea se anti udea :: cm particl- patioa :a, Ce denied :he :e.^.e11:- ~. or ~e auo.ec:aa _„ _lscrt~l- aatloo saner any program or 1c::v1:7 fusaec l3 raoi2 Jr :a :art .v1 :a runts :ace availaole urcer _n1s :_c.e. 'Yhenever :se Secreta:^ Se:er~iaes _aa: a ,:a:e or •1az: of ;eaenl .cc11 Severd_ze:[ ~r._c.. :s 1 rec:n:ect o1 iss~s-adce '1 acer :his :12.:35 13:.24 :~ _cmo!7 '+'::h su csec-:on r3'. _r 3a nap L•clble :egulacicn, ae -sal' ootzf,- .:e }overnor sued Stara or _he Chi2f 2zecutive ol:icer c1 such uai' .. vocal ;over.- ~enL ..`.e is ncompliadce ix wall _e nest :de i,over nor ~r _se Chlefre~cecu::ve olf:cer :o secure -cmp aaace. ._ 'a: aia 1 reascr.- lb/a ~erlod of .1.ae, not co 2xceea si:c:7 days, _:e rove:nc: .ne ^i21 executive offlr_r :ails or refuses :o secure .,- .ante, de =ecretary is autaor__ec :o ,1) refer .ne ra::ar :o .__rl::c:-ey tee.^.er11 y:: a r_ccaaenca:c~a :a3c as approcr_a:a a:~~:'_ 3c::da to .asti'_:ea: '2) e~erc ae _:e rowers nad _-actions --ov:dec ry __ _.2 .. ... _se C1vi_ 3i,zts dc: 01 lSo4 (~2 ..~.C. _., .. :; axerese ..`.e rowers 1dd :unc:lcas :rov:ded :cr In^sacacn T_i ;1, ZS :n15 -aC :: Jr ;4) :3Le S::Ca .__aer SC:iOn as 1y R rOV:d2a Sy .1W. _) ~~Y!:ea 1 .:3__._ _5-. __2r r91 :.. _.._ .:..: tBV .2a°_.1: :L`r5C3nt .:. iLn52d:i1C. ~ 71 „r /C.2.^.e Y?r :e 3d5 '_3.iC1 :J :e.:2"e .']: 3 .LJL2 jJV?r7.^..e:1: .: -.al: 7: yeCe:1. __C]_ $_/21•^. .. _ r._.c. aS _-. :c _ _.._____ _..~__-_..y _-__.~__.e ___c_ RFPs FOR CITY PROSECUTOR SERVICES FISCAL YEAR 1986-87 The following is a List of the Law firms that have received RFPs for City Prosecutor Services: 1) Law o£fice~of Martin J. Mayer 3727 E. Broadway Long Beach, CA 90803 7) Green and Applegate 205 S. Broadway, Suite 808 ~ Los Angeles, CA 90012 2) Richards, Watson, Dreyfess, and Gershon 333 S. Hope Street Los Angeles, CA 90071 3) Oliver, Stoever and Laskin 1000 Sunset Boulevard Los Angeles, CA 90012 4) Burke, Sorenson and Williams 707 Wilshire Boulevard Suite 3300 i Los Angeles, CA 90017 5) Law Office of Daniel S. Lopez 4327 Tweedy Boulevard South Gate, CA 90280 6) Ezequiel Guterrez, Attorney at Law 4017 Long Beach Blvd. Long Beach, CA 90807 8) Jim Lough 1605 W. Olympic Blvd. Los Angeles, CA 90015 9) David Epstein 8601 Wilshire Blvd. Beve=ly Hills, CA 90211 10) Jim Hodges Sea Spray Gardens 333 W. Broadway, .Suite 308 Long Beach, CA 90802 11) Mark Huesch Stradling, Yocca; and Rauth 660 Newport Center Newport Beach, CA Carlson, Drive 92660-6401, 12) Carl Joseph & Associates 100 Oceangate, Suite 800 Long Beach, CA 90802 13) Law .Office of Heary S. Barboza Plaza De..Alhambra 200 S. Garfield Avenue, Suite 200 Alhambra, CA 91801 i r CITY PROSECUTOR SERVICES RFP REVIEW June 2, 1986 _ __--FIRM -- _ COST (90%) RAT i ING ABILITY TO PERFORM (30%) RAT- ING ORGANIZATION & PIIZLSONNFd, (30%) RA IN 1) llaniel S. Lopez $60 hr.-Written notices 36% Experience limited to City of 23% Lopez is .the only attorney 22'. $70 hr.-Office Conferences South Gate for one (1) year; in firm with City Pro- $80 hr.-Court Bilingual, good background. sector experience; yet seems to have adequate support. 2) Martin J. Mayer $80 hr.-(Includes all 35% Over 7 years of direct ex- 29% Good support staff that 29 costs) perience by principal; good includes deputy City track record. Prosecutor. 3) Durke, Williams $75 hr.-(possible 35% Inadequate description on back- 24% Principal has limited 21 and Sorenson increase after six ground/experience of personnel involvement paralegal (6) months) to be assigned to City. Firm - to do the job. Large lacks. experience. in. this. field. firm. FINAL RANKING 1.) Martin J. Mayer 2) Daniel S. Lopez 3) Burke, Williams and Sorenson RATING 93% 81% 80%