HomeMy WebLinkAbout12. Approve PSA w-Dapeer, Rosenblit & Litvak for City Prosecutor ServicesIteM No.
APPROVED BY
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY MANAGER
FROM: OFFICE OF THE CITY MANAGER
BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOP EN"
DATE: FEBRUARY 25, 2020
That the City Council approve a Professional Services Agreement to provide City Prosecutor
Services with Dapeer, Rosenblit & Litvak, LLP; and authorize the City Manager to execute any
and all amendments to the agreement.
In February of 2005, Dapeer, Rosenblit & Litvak, LLP ("Firm") was contracted to provided code
enforcement services, including review of alleged municipal code violations, implementation of
the City's administrative, civil or criminal remedies, staff training, and the review and analysis of
municipal ordinances. The Firm was also involved in permit approval processes and
represented the City's interests before reviewing authorities, including the City Council.
In September of 2008, the City amended the Firm's Professional Services Agreement ("PSA") to
increase its hourly rate from one hundred and fifty dollars ($150.00) to one hundred and sixty-
five dollars ($165.00) per hour; the hourly rate has since remained unchanged. Staff
recommends that the City reserve the Firm's services for the next three (3) years. Under the
new PSA, the Firm will represent the City's Code Enforcement division, City Attorney's Office,
the Police Department, and other City departments as deemed necessary in the prosecution of
violations of the Downey Municipal Code in the Downey Superior Court and related
prosecutorial functions (i.e., plea negotiations, sentencing recommendations, probation
revocations and contempt hearings). Legal services will include all necessary court
appearances, legal research, investigation, correspondence, preparation of legal documents,
trial preparation, appeals to Superior Court and all related work required to properly represent
the City as identified in Exhibit "A" of the PSA.
Under the new PSA, the hourly compensation rate for the City Prosecutor will be $185.00, with
a three (3) percent cost of living increase at the end of the first year of the PSA, as identified in
Exhibit "B" of the PSA. The Firm will submit monthly invoices that present the hours spent by
each attorney/paralegal in connection with this PSA.
CITY PROSECUTOR SERVICES AGREEMENT
FEBRUARY 25, 2020
PAGE 2
Efficiency & Adaptability
Qualitv of Life. NeiaWborWoorLF--4frastructure
FISCAL IMPACT
The relevant city department budgets for FY 20-21 have been modified to absorb the rate
increase.
ATTACHMENTS
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CITY OF DOWNEY
LEGAL SERVICES AGREEMENT
WITH DAPEER, ROSENBLIT, & LITVAK, LLP
FOR CITY PROSECUTOR SERVICES
This Agreement is made and entered into this day of February, 2020 by a
between the City of Downey, a California municipal corporation and charter city with its
principal place of business at 11111 Brookshire Avenue, Downey California 90241 ("City" I
and Dapeer, Rosenblit, & Litvalk, LLP, a California limited liability partnership, with its
principal place of business at 11500 West Olympic Boulevard, Suite 550, Los Angeles, C
90064-1524 ("Firm"). City and Firm are sometimes individually referred to as "Party and
collectively as "Parties."
PANNER��
Firm desires to perform and assume responsibility for the provision of City Prosec t]
services required by City on the terms and conditions set forth in this Agreement. The C
Ity
engages the Firm as follows:
(A) To provide code enforcement services, which shall include,
without limitation, the review of alleged municipal code violations, the exercise of the City's
administrative, civil or criminal remedies in connection therewith, training of staff and the
review and analysis of municipal ordinances. Firm may also be involved in permit and
approval processes and represent City's interests before reviewing authorities, including the
City Council;
(B) To provide any other legal services as requested by the
City Attorney. The Firm is licensed in the State of California, and is familiar with the plans of
City.
3. TERMS.
-
3.1.1 General Scope of Services,. Firm promises and agrees to furnish to City
all labor, materials, tools, equipment, services, and incidental and customary work necessary
to fully and adequately supply the professional City Prosecutor services ("Services"). The
Services are more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term • this Agreement shall ♦ from March 1, 2020 I•
March 1, 2023, unless earlier terminated as provided herein. Firm shall complete the
Services within the term of this Agreement, and shall meet any • established -•
and deadlines. The term of this Agreement may be extended for an additional 3 years by
written amendment to this Agreement signed by the City Manager and the Firm.
3.2.1 Control and Pavment of Subordinates: Independent Contractor. The
Services shall be performed by Firm or under its supervision. Firm will determine the means,
methods and details of performing the Services subject to the requirements of this
Agreement. City retains Firm on an independent contractor basis and not as an employee.
Firm retains the right to perform similar or different services for others during the term of this
Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Firm shall also not be employees of City and shall at all times be under Firm's
exclusive direction and control. Firm shall pay all wages, salaries, and other amounts due
such personnel in connection with their performance of Services under this Agreement and
as required by law. Firm shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance, disabty insurance, and workers' compensation
insurance.
In the event that Firm or any employee, agent, or subcontractor of Firm providing
the California Public Employees Retirement System (CaIPERS) to be eligible for enrollment
in CalPERS as an employee of City, Firm shall indemnify, defend, and hold harmless CITY
for the payment of any employee and/or employer contributions for CalPERS benefits on
behalf of Firm or its employees, agents, or subcontractors, as well as for the payment of any
penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Schedule • Services. Firm shall perform the Services within the
schedule agreed to by the Parties. Firm represents that it has the professional and technical
personnel required to perform the Services in conformance with such conditions.
3.2.3 Conformance to Applicable Requirements. All work prepared by Firm
shall be subject to the approval of City.
3.2.4 Substitution of Kev Personnel. Firm has represented to City that certain
key personnel will perform and coordinate the Services under this Agreement. Should one
more of such personnel become unavailable, Firm may substitute other personnel of at least
equal competence upon written approval of City. In the event that City and Firm cannot 11
agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the services or
a threat to the safety of persons or property, shall be promptly replaced by the Firm at the
request of the City.
3.2.5 Citv's Representative. The City hereby designates Director of
Community Development, or his or her designee, to act as its representative for the
performance of this Agreement ("City's Representative"). City's Representative shall have
the power to act on behalf of the City for all purposes under this Contract. Firm shall not
accept direction or orders from any person other than the City's Representative or his or her
designee.
3.2.6 Firm's R rt .�gpresentative. Firm hereby designates James Ecka , or his
designee, to act as its representative for the performance of this Agreement ("Firm's
Representative"). Firm's Representative shall have full authority to represent and act on
behalf of the Firm for all purposes under this Agreement. The Firm's Representative shall
supervise and direct the Services, using his best skill and attention, and shall be responsib
for all means, methods, techniques, sequences and procedures and for the satisfactory
coordination of all portions of the Services under this Agreement. I
Coordination of Services. Firm agrees to work closely with City staff in
the performance of Services and shall be available to City's staff and other staff at all
reasonable tinies.
3.2.8 Standard of Care: Performance of Emolovees. Firm shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline i
the State of California. Firm represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Firm warrants that all employees shall have
sufficient skill and experience to perform the Services assigned to them. Finally, Firm
represents that it, its employees have all licenses, permits, qualifications and approvals of
whatever nature that are legally required to perform the Services, including a City Business
License, and that such licenses and approvals shall be maintained throughout the term of th
Agreement. As provided for in the indemnification provisions of this Agreement, Firm shall
perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Firm's failure to comply
with the standard of care provided for herein. Any employee of the Firm or its sub -Firms wh
is determined by the City to be uncooperative, incompetent, a threat to the adequate or time
completion of the services, a threat to the safety of persons or property, or any employee w
fails or refuses to perform the Services in a manner consistent with the standard of care set
forth herein, shall be promptly replaced by the Firm and shall not be re-employed to perform
any of the Services.
3.2.9 Laws and Requiations ' . Firm shall keep itself fully informed of and in
compliance with all applicable local, state and federal laws, rules and regulations in force at
the time the Services are performed by Firm and in any manner affecting the performance of
the Services, including all applicable Cal/OSHA requirements, and shall give all notices
required by law. Firm shall be liable for all violations of such laws and regulations in
connection with Services. If the Firm performs any work knowing it to be contrary to such
laws, rules and regulations and without giving written notice to the City, Firm shall be solely
responsible for all costs arising therefrom. Firm shall defend, indemnify and hold City, its
officials, directors, officers, employees and agents free and harmless, pursuant to the
applicable indemnification provisions of this Agreement, from any claim or liability arising out
of any failure or alleged failure to comply with such laws, rules or regulations. Firm's violation
of such laws, rules and regulations shall also constitute a material breach of this Agreement.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Firm shall not commence the
Services under this Agreement until it has provided evidence satisfactory to the City that it
has secured all insurance required under this section. In addition, Firm shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence
satisfactory to the City that the subcontractor has secured all insurance required under this
section. The City reserves the right to modify these requirements, including limits, based on
the nature of the risk, prior experience with insurer, coverage or other special circumstances.
3.2.10.2 Minimum Requirements. Firm shall, at its expense, procure
and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance
of the Agreement, the Services by the Firm, its agents, representatives, employees or
subcontractors. Firm shall also require all of its subcontractors to procure and maintain the
same insurance for the duration of the Agreement. Such insurance shall meet at least the
following minimum levels of coverage:
(A) Minimum Scope of Insurance. (1) Commercial General
Liability (CGQ: Insurance Services Office Form CG 00 01 covering CGL on an "occurrence"
basis including products and completed operations, property damage, bodily injury and
personal and advertising injury; (2) Automobile Liability: Insurance Services Office Form
Number CA 0001 covering Code 1 (any auto) or if Firm owns no autos, Code 8 (hired) and
(non -owned); and (3) Workers' Compensation: Workers' Compensation insurance as
required by the State of California with Statutory Limits; and (4) Employer's Liability
Insurance.
(B) Minimum Limits of Insurance. Firm shall maintain limits n•
less than: (1) Commercial General Liability (CGL): No less than $2,000,000 per occurrence
for products and completed operations, bodily injury, property damage and personal and
advertising injury. If Commercial General Liability Insurance or other form with general
aggregate limit applies, either the general aggregate limit shall apply separately to this
Agreement/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice th-
required occurrence limit; (2) Automobile Liability: No less than $2,000,000 per accident for
bodily injury and property damage; and (3) Workers' Compensation: Workers' Compensation
limits as required by the Labor Code of the State of California with Statutory Limits; (4)
Employer's Liability: Employer's Liability limits of no less than $1,000,000 per accident for
bodily injury or disease. Employer's Liability coverage may be waived by the City if City
receives written verification that Firm has no employees.
If the Firm maintains broader coverage and/or higher limits than the minimum shown in this
subdivision 3.2.10.2, the City requires and shall be entitled to the broader coverage and/or
'the higher limits maintained by the Firm. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to the City.
3.2.10.3 Professional Liabilitv (Errors & Omissions). Firm shall
procure and maintain, and require its subcontractors to procure and maintain, for a period of
five (5) years following completion of the Services, errors and omissions liability insurance
appropriate to its profession. Such insurance shall be in an amount not less than $2,000,000
per occurrence or claim and $2,000,000 in the aggregate, and shall be endorsed to include
contractual liability. If the Firm maintains broader coverage and/or higher limits than the
minimum shown in this subdivision 3.2.10.3, the City requires and shall be entitled to the
broader coverage and/or higher limits maintained by the Firm. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be
available to the City.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Firm shall provide endorsements on forms approved by
the City to add the following provisions to the insurance policies:
(A) Additional Insured Status. The Commercial General
Liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with respect to
liability arising from the work, Services, including materials furnished in connection with such
work, Services; and (2) the insurance coverage shall be primary insurance as respects the
City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall
stand in an unbroken chain of coverage excess of the Firm's scheduled underlying coverage.
Commercial General Liability insurance coverage may be provided in the form of an
endorsement to the Firm's insurance (at lease as broad as ISO Form CG 20 10 11 85 or both
CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions are used).
(B) Waiver of Subroqation. Firm hereby grants to City a waiver
of any right to subrogation which any insurer of said Firm may acquire against the City by
virtue of the payment of any loss under said insurance policies set forth herein. Firm agrees
to obtain any endorsement that may be necessary to affect this waiver of subrogation, but
this provision applies regardless of whether or not the City has received a waiver of
subrogation endorsement from the insurer.
(C) All Coveraqg�s. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided,
reduced or canceled except with written notice by certified mail, return receipt requested to
the City; and (B) any failure to comply with reporting • other provisions of the policies,
including breaches of warranties, shall not affect coverage provided to the City, its directors,
officials, officers, employees, agents and volunteers.
3.2.10.5 Primary Coverage.,, For any claims related to this
Agreement, the Firm's insurance coverage shall be primary insurance and primary coverage
at least as broad as ISO CG 20 01 04 13 with respect to the City, its directors, officials,
officers, employees, agents and volunteers. Any insurance or self-insurance maintained by
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3.2.10.6 Separation of Insureds: No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions.
In addition, such insurance shall not contain any special limitations on the scope of protectior
afforded to the City, its directors officials, • employees, •' and ;•
3.2.10.7 Deductibles and Self -Insurance Retentions. Any
1eductibles or self -insured retentions must be declared to and approved by the City. City mav
require Firm to provide proof of ability to pay losses and related investigations, claim
administration and defense expenses and • within the retention. The policy language
shall provide or be endorsed to provide that the self -insured retention may be satisfied by
either the named insured or City.
3.2.10.8 Acce.ptabilitv • Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VII, authorized to do business in
California, and satisfactory to the City.
3.2.10.9 Verification of Coveraqp, Firm shall furnish City with
original certificates of insurance, including all required amendatory endorsements (or copies
• the applicable policy language effective coverage required • this provision) and a copy •
the Declarations and Endorsement Page of the Commercial General Liability policy listing all
policy endorsements to the City before the commencement of work under this Agreement.
However, failure to obtain the required documents prior to the commencement of work under
this Agreement shall not waive the Firm's obligation to provide them to the City. The City
reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, at any time.
3.2.10.10 Claims -Made Policies. If any of the policies provide
coverage • a claims -made basis:
(A) The retroactive date must be shown and must be before the date of th
Agreement • the •. work • under this Agreement, whichever is earliest; I
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(B) Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Services provided under this
Agreement;
(C) If coverage is canceled, non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the effective date of this Agreement
or the date work commences under this Agreement, whichever is earliest, the Firm must
purchase extended reporting coverage for a minimum of five (5) years after completion of the
Services under this Agreement.
3.2.11 Safet . Firm shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Firm shall at all times be
in compliance with all applicable local, state and federal laws, rules and regulations, and shali
exercise all necessary precautions for the safety of employees appropriate to the nature of
the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and life-
saving equipment and procedures; (B) instructions in accident prevention for all employees
and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang
planks, confined space procedures, trenching and shoring, equipment and other safety
devices, equipment and wearing apparel as are necessary or lawfully required to prevent
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all safety measures.
Compensation. Firm shall receive compensation, including authorize1
reimbursements, for all Services rendered under this Agreement at the rates set forth in
Exhibit "C" attached hereto and incorporated herein by reference. Extra Work may be
authorized, as described below, and if authorized, said Extra Work will be compensated at
the rates and manner set forth in Exhibit "B" of this Agreement.
Paym nt of Compensation. Firm shall submit to City a monthly itemized
statement which indicates work completed and hours of Services rendered by Firm. The
statement shall describe the amount of Services and costs provided since the initial
commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within thirty (30) days of receiving such
statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Costs. Firm shall be reimbursed for costs in the
,fierformance of this Agreement as set forth in Exhibit
3.4.1 Maintenance and Inspection. Firm shall maintain complete and accurat
records with respect to all costs and expenses incurred under this Agreement. All such I
records shall be clearly identifiable. Firm shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Firm shall allow inspection of all work,
1ata, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
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3.5.1.1 Grounds for Termination. City may, by written notice to
Firm, terminate the whole or any part of this Agreement at any time either for cause or for the
City's convenience and without cause by giving written notice to Firm of such termination, and
specifying the effective date thereof, at least thirty (30) days before the effective date of such
termination. Firm may terminate this Agreement for cause upon giving the City not less than
thirty (30) calendar days' written notice.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Firm to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Firm in connection with the performance
of Services under this Agreement. Firm shall be required to provide such Documents and
Data and other information within fifteen (15) days of the City's request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and in
such manner as it may determine appropriate, services similar to those terminated.
Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Am
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DAPEER, ROSEIABLIT, & LITVAK, LLP
11500 West Olympic Boulevard, Suite 550
Los Angeles, CA 90064-1524
Phone: (310) 477-5575
Fax: (310) 477-7090
Attn: James Eckart
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Fax: (562) 622-4816
Attn: Director of Community Development
City of Downey
City Attorney's Office
11111 Brookshire Avenue
Downey, California 90241
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentialitv.
3.5.3.1 [Reserved]
3.5.3.2 [Reserved]
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attornev's Fees. In the event of any litigation, whether in a court of law,
administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of
the services provided under this Agreement, the prevailing party shall be entitled to recover
from the non -prevailing party all reasonable costs incurred, including staff time, court costs,
attorneys' fees and all other related expenses in such litigation.
3.5.6 Indemnification..
3.5.6.1 General Indemnification. Firm shall defend (with counsel
acceptable to City), indemnify and hold the City, its officials, officers, employees, volunteers
and agents free and harmless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury, in law or equity, to property or persons, including
wrongful death, in any manner arising out of or incident to any alleged negligent acts, errors,
omissions or willful misconduct of Firm, its officials, officers, employees, agents, consultants
and contractors arising out of or in connection with the performance of the Services or this
Agreement, including without limitation the payment of all consequential damages and
attorneys' fees and other related costs and expenses. Firm shall defend, at Firm's own cost,
expense and risk, any and all such aforesaid suits, actions or other legal proceedings of
every kind that may be brought or instituted against City, its directors, officials, officers,
employees, agents or volunteers. Firm shall pay and satisfy any judgment, award or decree
that may be rendered against City or its directors, officials, officers, employees, agents or
volunteers, in any such suit, action or other legal proceeding. Firm shall reimburse City and
its directors, officials, officers, employees, agents and/or volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the
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indemnity herein provided. Firm's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by the City, its directors, officials officers, employees, and agents
or volunteers. Firm shall not be obligated to defend, indemnify or hold the City harmless in
any manner whatsoever for any claims or liability arising solely out of the City's own negligent
acts, errors or omissions or willful misconduct.
3.5.7 Entire Aqreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements.
3.5.8 Governinq law. This Agreement shall be governed by the laws of the
State of California. Venue shall be the courts in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 Citv's Right to Em to Other Firms. City reserves right to employ other
firms in connection with this Agreement.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Asi nment or Transfer. Neither party shall assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the other party. Any attempt to do so shall be null and void, and
any assignees, hypothecates or transferees shall acquire no right or interest by reason of
such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References, Caption . Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed calendar
days and not work days. All references to Firm include all personnel, employees, agents,
and subcontractors of Firm, except as otherwise specified in this Agreement. All references
to City include its elected officials, officers, employees, agents and volunteers except as
otherwise specified in this Agreement. The captions of the various articles and paragraphs
are for convenience and ease of reference only, and do not define, limit, augment, or
describe the scope, content, or intent of this Agreement.
• • -- - •- • • r - - - -r • • • -• i• ••
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3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invaliditv: Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Firm maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working
solely for Firm, to solicit or secure this Agreement. Further, Firm warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Firm, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, officer or employee of City, during the term of his
or her service with City, shall have any direct interest in this Agreement, or obtain any present
or anticipated material benefit arising therefrom.
3.5.19 Equal Oppgrtunitv Emnlovment. Firm represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination. Firm shall also comply with all relevant provisions of any City Minority
Business Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Firm certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authoritv to Enter Agreement. Firm has all requisite power and authority
to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right,
and authority to make this Agreement and bind each respective Party.
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3.5.22 Counterparts. This Agreement may be executed in counterparts, each
which shall constitute one and the same instrume-it.
3.5.23 Effect of Conflict.,
In the event of any conflict, inconsistency, or incongruity between any provision of this
Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the
provisions of this Agreement will govern and control.
3.6.1 Prior Approval Required. Firm shall not subcontract any portion of the
work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Firm shall require and verify that all subcontractors maintain insurance
meeting all of the requirements set forth in this Agreement. Firm shall ensure that City is an
additional insured as required in Section 3.2.10.4. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement.
CITY OF DOWNEY,
a California municipal corooratio
and charter city
By: By:
Blanca Pacheco, Mayor
Attest Attest:
City Clerk
Approved as to Form:
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EXHIBIT "A"
Firm will represent the City in the prosecution of violations of the Downey Municipal Code in
the Downey Superior Court and related prosecutorial functions (i.e. plea negotiations,
sentencing recommendations, probation revocations and contempt hearings). Legal services
will include all necessary court appearances, legal research, investigation, correspondence,
preparation of legal documents, trial preparation, appeals to Superior Court and all related
work required to properly represent the City in the following areas:
1. Prosecute violations of the Downey Municipal Code and other codes filed as
misdemeanors and infractions;
2. Prepare for and attend trials, hearings, and other criminal and civil case activities;
3. Review facts and law, conduct legal research, prepare pleadings, and conduct
defense interviews;
4. Conduct pretrial conferences, including negotiation of plea agreement offers and terms
of deferred prosecution;
5. Perform professional legal work (carrying the highest levels of volume, complexity,
consequence, autonomy and responsibility), including regularly drafting subpoenas,
motions, notices and proposed orders;
6. Collaborate and confer with other city Departments as needed, including consulting
with the City Attorney on interpretations of the Downey Municipal Code and current
and proposed State and Federal legislation and/or litigation as such may relate to or
impact the City;
7. Work with the City Attorney, City Manager, Chief of Police, and additional City Staff
in preparing matters for Municipal Court prosecution and other duties as required by
the Downey City Attorney or City Council;
8. Make recommendations for updating existing City codes, resolutions, policies, and
practice;
9. Review staff -developed ordinances, resolutions, and related documents, and/or
prepare ordinances, resolutions, and related documents as needed;
10. Provide trainings to City Staff regarding law enforcement procedures - including, but
not limited to, investigation techniques, 4th Amendment requirements/protections, and
report writing;
11. To provide code enforcement services, including, without limitation, the review the
review of civil, administrative, appellate, and receivership cases, through the exercise
of the City's administrative remedies in connection therewith, training staff and the
review and analysis of municipal ordinances; and,
12. Be involved in the permit and approval processes and represent the City's best
interest before reviewing authorities, including the City Council.
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Firm will submit monthly invoices that present the hours spent by each
attorney/paralegal in connection with this Agreement. Below are the hourly rates and costs
City will compensate Firm for the legal services provided under this Agreement:
A. General Code Enforcement Services $185/hour
Our "general code enforcement services" would include the following services:
• Initial review of cases referred to our office (along with applicable law) — and
determinations as to the appropriate enforcement remedy;
• Preparation of compliance request letters;
• Conducting office conferences with Staff and violators;
• Preparation of inspection and abatement warrants;
• Conducting inspections with City personnel;
• Preparation of criminal complaints and related documents; and,
• Criminal court appearances (except for appellate matters —see ,below).
B. Ordinance Draftinq Services $220/hour
C. Administrative Hearing Services $220/hour (Attorneys)
$175/hour (Paralegals
Our "administrative hearing services" would include the preparation of cases and
appearances representing Staff before any administrative hearing officer or body.
Such cases would include:
• Suspension/revocation hearings pertaining to violations of business licenses,
regulatory permits, and land -use permits;
• Appeal hearings pertaining to administrative abatement of public nuisances;
and,
• Appeal hearings pertaining to dangerous or substandard buildings and
properties pursuant to the City's Building and Housing Codes.
D. Appellate Services
$220/hour (Attorneys)
$1751hour (Paralegals
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 $220/hour (Attorneys)
$175/hour (Paralegals)
Our "civil litigation services" includes the review of any matter 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.
F. Miscellaneous • See belo
Any • incurred by Firm • behalf • the City, as well as • •' would b
billed in addition to the aforementioned fees. Such costs would be billed as incurred
and 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 certified public
• when not • available from • • service providers, a•
other similar charges);
• Online 3rd party database providers — As incurred by the service provider.
These searches •' property ownership information, lien and/or loan
documents, corporate or other business information, and "discovery" on
individuals to •:' and • responsible •.
• Copier charges — B&W — 200/page; Color - $ 1 /page;
• Postage — As incurred;
• Exhibit preparation (including enlargement of photographs) —As incurred;
• Court reporter or transcript fees — As incurred.
Any extraordinary expenses (e.g., 3rd party expert witness or consulting fees) will be
charged as incurred and would not be incurred without prior City approval.
Effective July 1, 2021, the Firm rates will increase one time by three percent
(3%) COLA.
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