2013/02/05 Dapeer, Rosenblit and Litvak, LLP Code Enforcement Legal ServicesDAPEER ROSENBLIT LITVAK LLP
L A W Y E R S
STEVEN H. ROSENBLIT
KENNETH S. DAPEER
WILLIAM LITVAK
JAMES C. ECKAW
ANITA ZUCKERMAN
PATRICIA H. FRZGERALD
NORMA COPADO-WELLS
CAROLINE K. CASTLLO
JOCELYN CORBETT
MEHRNOOSH ZAHIRI
CHARLENE J. WINGER
GILBERT MIKALIAN
DANA M. VESSEY
ERIC P. MARKUS
February 5, 2013
City of Menifee
29714 Haun Road
Menifee, CA 92586
Attn: Robert Johnson
Interim City Manager
Re: Code Enforcement Services
Dear Mr. Johnson:
PLEASE DIRECT MAIL TO
METROPOLFFAN CITIES OFFICE
WRITER'S EMAIL
S RO S EN B L Ir@ D R L LAW . C O M
METROPOLITAN CITIES OFFICE
P.O. BW 2007
2770 E. 5I-AUSON AVENUE
HUNITNOTON PARK, CA 90255.3099
TELEPHONE 1323) 557-5221
FACSIMILE (323) 587-41 90
WEST LOS ANGELES OFFICE
1 1 500 W. OLYMPIC BLVD., SURE 550
LOS ANGELES, CA 90064-1 524
TELEPHONE (310) 477-5575
FACSIMILE (31 O) 477-7090
Our firm agrees to serve as code enforcement attorneys and prosecutors for the city of
Menifee ("City") on the following terms and conditions:
1. Description of Work. Attorneys shall investigate and prosecute violations
of City's municipal code and may, upon direction from City, utilize all available
remedies in connection therewith. The services shall include reviewing police or other
City reports and requests for criminal prosecution or other actions, making
determinations on whether to file a criminal complaints, preparing and serving
complaints, representing City at court hearings interviewing witnesses, performing
necessary legal research in connection with prosecution, recommending changes and
amendments to the Menifee Municipal Code to facilitate enforcement and advising
department directors and law enforcement personnel on criminal procedures.
Attorneys shall use their independent judgment in determining whether to initiate
criminal prosecution, which judgment shall be in accordance with all applicable law
and the highest ethical requirements of a prosecuting attorney.
2. Data Furnished Attorneys. All information, data, reports, records and
maps as are existing and in the possession of City, and necessary for carrying out the
work shall be furnished to Attorneys without charge by City, and City shall cooperate
in every reasonable way in the carrying out of the work without delay.
3. Term. This Agreement shall be effective as of February 5, 2013 and shall
be and remain in full force and effect unless terminated pursuant to Paragraph Eight
(8) herein.
City of Menifee
Attn: Robert Johnson
Interim City Manager
Re: Code Enforcement Services
February 5, 2013
Page 2
4. Personnel.
(a) Attorneys represent that they employ, or will employ at their own
expense, all personnel required to perform the services required under this Agreement.
Such personnel shall not be employees of, or have any contractual relationship with
the City.
(b) All the services required hereunder will be performed by Attorneys,
and all personnel engaged in the work shall be fully qualified and shall be authorized
or permitted under state and local law to perform such services.
5. Commencement and Completion of Work. The services of Attorneys in
connection with any prosecution or other action are to commence only when the City
Manager, or his designee, shall have assigned matters to Attorneys. Attorneys shall
have no claim for compensation for services on any work upon which the City does not
assign to attorneys.
6. City Representative. Attorneys shall work closely and cooperate fully
with the City and its designated representatives. The designated representative shall
be the City Manager or his authorized designee.
7. Compensation and Costs. The compensation to be paid to Attorneys
under this Agreement shall not exceed $25,000.00. City shall pay Attorneys for
services performed and costs incurred pursuant to this Agreement as hereafter stated.
City agrees to tender payment of Attorneys' invoices within thirty (30) days following
their receipt and approval.
Compensation / Attornevs•
(a) 1170.00 per hour: General code enforcement/criminal services
(including preparation of compliance letters, office conferences, obtaining warrants,
preparation of documents and court appearances relating to actual or potential
criminal prosecution).
(b) $200.00 per hour: Drafting and/or reviews of amendments to the
municipal code.
(c) $225.00 per hour: Administrative proceedings before the Planning
Commission, City Council, or other reviewing persons or authorities.
(d) $225.00 per hour: Civil litigation services and court appeals,
(e) 1110.00 per hour: Travel time to and back from the City and
courts.
City of Menifee
Attn: Robert Johnson
Interim City Manager
Re: Code Enforcement Services
February 5, 2013
Page 3
Compensation / Paralegals:
(f) $110.00 per hour: For paralegal support services.
Costs:
(9) Attorney service charges, as incurred, for service of arraignment
notices and subpenas, procurement of documents from courts and other entities,
document certification fees, and for other customary services.
(h) Any court reporter fees, as incurred, for the procurement of a
transcript of a court proceeding.
(i) Any fees or charges, as incurred, to prepare, duplicate or enlarge
exhibits for any proceeding.
0) $15.00 for each use of commercial information providers
(including, without limitation, Infotek, Dataquick or Courthouse Data) for
investigational or background purposes in a matter. This charge is exclusive of any
attorney time in reviewing this information (to be billed hourly), or other charges to
Attorneys by said information providers (which shall also be billed to the City).
(k) Copier charges - 20 cents a page; Faxes - 25 cents a page.
(1) Postage - As incurred.
(m) Any extraordinary costs with prior City approval.
8. Termination for Convenience. This Agreement may be terminated at any
time without cause by giving 30 days written notice to Attorneys of such termination
and specifying the effective date thereof. In this event, all finished or unfinished
documents and other materials shall, at the option of City, become its property. If this
Agreement is terminated by City as provided in this Section 8, Attorneys will be paid
for all services rendered by Attorneys prior to the date of termination. Attorneys may
terminate this Agreement at any time without cause by giving 60 days written notice
to City of such termination and specifying the effective date thereof.
9. Transfer of Files. In the event of termination, City and Attorneys shall
cooperate in the orderly transfer of pending matters and cases to another attorney as
designated by City.
City of Menifee
Attn: Robert Johnson
Interim City Manager
Re: Code Enforcement Services
February 5, 2013
Page 4
10. Contract Changes. No change in the character, extent, or duration of
Attorneys' services shall be made except upon approval by the City and execution of a
supplemental agreement in writing between City and
agreement shall set forth any changes of work, an
adjustments to compensation (including limits thereto)
Attorneys, if any.
Attorneys. The supplemental
y extensions of time and any
and costs to be paid by City to
11. Responsible Attorneys. Responsible individuals for Attorneys'
performance under this Agreement shall be Steven H. Rosenblit, Kenneth B. Dapeer,
William Litvak and James Eckart.
12. Insurance. Attorneys shall file and maintain on file with City at all times
during the term of this Agreement, a copy of or certificate evidencing that Attorneys
obtained automobile liability insurance covering all automobiles utilized by Attorneys
and each of their employees in providing the services hereunder in an amount of not
less than $300,000.00 aggregate limit. The liability insurance required hereunder,
shall be written by qualified companies listed A or better in the Best's Insurance Guide
and authorized to do business in the State of California. All required certificates shall
be filed with and approved by the City Attorney. In addition, Attorneys shall procure
and maintain in force a legal malpractice (errors and omissions) policy in an amount
of not less than $1,000,000.00 per claim and worker's compensation insurance in
accordance with Section 3700 of the Labor Code.
13. Independent Contractors. Attorneys shall be independent contractors
and shall not incur, nor have the power to incur any debt, obligation or liability
whatever for or against City.
14. Interests of Attorneys. Attorneys affirm that they presently have no
interest and shall not have any interest, direct or indirect, which would conflict in any
manner with the performance of the services contemplated by this Agreement. No
person having such interest shall be employed by or associated with Attorneys.
15. Compliance with State Law. Attorneys shall comply with all state, and
local laws and ordinances applicable to the work and shall perform the work in a
manner which accords with the highest level of professional care, and ethical
responsibility as required by applicable professional standards and rules of conduct.
16. Compliance with Federal Law. Attorneys shall comply with all
requirements of a federally funded contractor, including those laws and regulations
pertaining to the HUD CDBG Program,
17. Findings Confidential. All of the reports, information, data, or other
documents prepared or assembled by the Attorneys under this Agreement are
City of Menifee
Attn: Robert Johnson
Interim City Manager
Re: Code Enforcement Services
February 5, 2013
Page 5
confidential and Attorneys agree that they shall not be made available to any
individual or organization without the prior written approval of City.
18. Copyright. No report or other document produced in whole or in part
under this Agreement shall be the subject of an application for copyright by or on
behalf of the Attorneys, and all such documents maybe used in any manner by the
City without providing additional compensation to Attorneys.
19. Assignability. Attorneys shall not assign any interest in this Agreement,
and shall not transfer any interest in the same without the prior written consent of
City. Claims for money due or to become due to Attorneys from City under this
Agreement may be assigned to a bank, trust company or other financial institution
without such approval. Notice of any such assignment or transfer shall be furnished
promptly to City.
20. Notice. Any notice or notices required or permitted to be given pursuant
to this contract may be personally served on the other party by the party giving such
notice, or may be served by certified mail, return receipt requested, to the following
addresses:
Dapeer, Rosenblit & Litvak, LLP
Post Office Box 2067
2770 E. Slauson Avenue
Huntington Park, CA 90255-3099
City of Menifee
29714 Haun Rd.
Menifee, CA 92586
21. Oral Modification. This Agreement supersedes all prior proposals,
Agreements and understanding between the parties and may not be changed or
terminated orally, and no change, termination, or attempted waiver of any of the
provisions hereof shall be binding, unless in writing and signed by the party against
whom the same is sought to be enforced.
22. Indemnification. Attorneys agree to indemnify, hold harmless and defend
City, its officers and employees, from and against any and all claims, losses,
obligations, or liabilities whatsoever incurred in or in any manner arising out of or
related to Attorney's negligent or willful acts, errors or omissions, or those of its
employees or agents. City agrees to indemnify, hold harmless and defend Attorneys'
firm to the extent permitted by law in the event the firm, or any member thereof, is
named as a defendant in any matter arising out of the firm's status as a Prosecutor or
Special Counsel for the City.
City of Menifee
Attn: Robert Johnson
Interim City Manager
Re: Code Enforcement Services
February 5, 2013
Page 6
Sincerely,
Dapeer, Rosenblit & Litvak LLP
By:
Steven H'Rosenblit—Partner
The city of Menifee accepts and agrees to the foregoing terms and conditions.
i
Dated: , 2013 MAd/
Robert 4ohn&on
Interim qty Manager