2013/06/18 Dapeer, Rosenblit and Litvak, LLP Code Enforcement ServicesAGREEMENT BETWEEN THE CITY OF MENIFEE
AND DAPEER, ROSENBLIT & LITVAK, LLP
This Agreement is entered into this 18th day of June, 2013, by and
between the City of Menifee, hereinafter referred to as "City", and Dapeer,
Rosenblit &, Litvak, LLP, a California limited liability partnership,
hereinafter referred to as "Attorneys".
WITNESSETH
Whereas, City desires to engage Attorneys to enforce its municipal
code and has and does appoint Attorneys as its non-exclusive City
Prosecutor; and,
Whereas, the principal members of Attorneys are attorneys duly
licensed under the laws of the State of California and experienced in
providing code enforcement services:
Now, therefore, the parties hereto agree as follows:
1. Description of Work. City engages Attorneys to serve as non-
exclusive code enforcement attorneys and as its non-exclusive City
Prosecutor. Attorneys shall investigate and prosecute violations of the
City's municipal code as requested from time to time by the City.
Attorneys may, upon direction from City, also utilize all other available
City remedies to address violations and nuisance conditions. The
services shall include but not be limited to reviewing police or other City
reports and requests for criminal prosecution or other actions, making
determinations on whether to file 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
Park 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 June 18, 2013 and
shall be and remain in full force and effect unless terminated pursuant to
Paragraph Eight (8) herein.
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.
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(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 execution of the
Agreement by the parties hereto does not constitute an authorization to
proceed. 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. City shall pay to Attorneys for services
performed by Attorneys hereunder, within thirty (30) days following receipt
from Attorneys and approval by the City or original invoices therefor, as
follows:
Hourly Service Rates:
(a) $170.00 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).
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(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.
appeals.
(d) $225.00 per hour: Civil litigation services and court
(e) $110.00 per hour: Travel time to and back from the
City and courts.
Costs:
(f) $110.00 per hour: For paralegal support services.
(g) Attorney service charges, as incurred, for service of
arraignment notices and subpoenas, 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.
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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
(1) Postage - As incurred.
(m) Any extraordinary costs with prior City approval.
8. Termination for Convenience. The City Council may terminate
this Agreement at any time without cause by giving written notice to
Attorneys of such termination and specifying the effective date thereof. In
that event, all finished or unfinished documents and other materials shall, at
the option of City, become its property. If City terminates this Agreement 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.
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10. Contract Changes. No change in the character, extent, or
duration of Attorneys' services shall be made except upon approval by the
City Council and execution of a supplemental agreement in writing between
City and Attorneys. The supplemental agreement shall set forth the changes
of work, the extensions of time and the adjustments of the fee to be paid by
City to Attorneys, if any.
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 its 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.
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13. Independent Contractor. 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 consistent 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 confidential and Attorneys agree that they shall not be made
available to any individual or organization without the prior written approval
of City.
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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. Assifznability. 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 8s Litvak, LLP
2770 E. Slauson Avenue
Post Office Box 2067
Huntington Park, CA 90255-3099
City of Menifee / Attn: City Manager
29714 Haun Road
Menifee, CA 92586
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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. (a) Attorneys agree to indemnify, hold harmless
and defend City and City Council, its officers, employees, agents and
volunteers, from any and all liability or financial loss including legal
expenses and costs of expert witnesses and consultants resulting from any
suits, claims, losses or actions brought by any person or persons, by
reasons of injury and arising directly or indirectly from the negligent or
wrongful activities and operations of the Attorneys, including its officers,
agents, employees, or subcontractors in the performance of this
Agreement.
(b) Notwithstanding the provisions of Paragraph (a), City
acknowledges that under certain circumstances the City may have a legal
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.
(c) The provisions of this Paragraph, (a) and (b) shall survive the
termination of this Agreement.
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23. Recitals. The Recitals set forth above are made a part hereof.
In Witness Whereof, said parties have executed this Agreement the
date first hereinabove written.
ATTEST:
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City Clerk
APPROVED AS TO FORM
CITYOATTORNEY
CITY OF ME
By:
Mayor
DAPEER, ROSENBLIT &, LITVAK, LLP
ME
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