Item No. 6.
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:OFFICE OF THE CITY MANAGER
BY:IRMA HUITRON, DIRECTOR OF COMMUNITY DEVELOPMENT
SCOTT LOUGHNER, POLICE CHIEF
DATE:FEBRUARY 10, 2026
SUBJECT:APPROVAL OF A LEGAL SERVICES AGREEMENT WITH DAPEER ROSENBLIT &
LITVAK LLP FOR CITY PROSECUTOR SERVICES
EXECUTIVE SUMMARY
The City Council will consider approving a Legal Agreement with Dapeer, Rosenblit, & Litvak, LLP to continue providing City Prosecutor services for a three-year, three-month term beginning March 1, 2026, with an optional three-year extension. The firm has served the City for a number of years, and provides specialized prosecutorial, code enforcement, ordinance drafting, administrative hearing, appellate, and civil litigation services supporting multiple City departments. Approval of the agreement would ensure continuity, efficiency, and experienced legal representation in the enforcement of the City’s Municipal Code and related legal matters.
RECOMMENDATION
That the City Council:
Approve the Legal Agreement with Dapeer, Rosenblit, & Litvak, LLP for City Prosecutor Services, for a three-year, three-month term beginning on March 1, 2026 with the optional extended term of three years, per compensation rates set forth in Exhibit “B” of the agreement.
BACKGROUND
In February 2020, the City entered into its most recent agreement with Dapeer, Rosenblit, & Litvak, LLP (DRL) to provide specialized prosecutorial services critical to the City’s code enforcement functions. Under this agreement, DRL has provided general code enforcement services, ordinance drafting, administrative hearing processing, appellate, and civil litigation including preparation of cases and court appearances, supporting the City’s Code Enforcement Division, City Attorney’s Office, and Police Department. DLR’s expertise has complemented in-house legal counsel, while advising staff and representing the City in various legal matters.
ANALYSIS
DLR has over 40 years of experience advising and representing public agencies, including long standing service to the City of Downey. The firm has demonstrated specialized expertise in municipal prosecution, code enforcement strategy, ordinance drafting and revision, administrative hearings, appellate advocacy, and related civil litigation.
This experience directly supports the City’s objectives to uphold public safety, regulatory compliance, and effective enforcement of the municipal code.
DLR’s attorneys possess substantial experience in both criminal and civil law, enabling the City to pursue a full range of enforcement tools, from voluntary compliance and negotiated resolutions, to administrative remedies and judicial prosecution based on the circumstances of each case. This flexibility allows the City to resolve violations efficiently while preserving the ability to pursue stronger enforcement measures when necessary.
In addition to prosecutorial services, DLR provides ordinance drafting and legal advisory services and represents the City in appellate matters, offering continuity through various legal matters. This integrated approach enhances the City’s ability to respond to evolving statutory requirements, regulatory changes, and enforcement priorities with greater ease.
The City’s continued use of DLR as a sole-source provider for prosecutorial services is based on the firm’s specialized expertise, deep institutional knowledge of Downey’s Municipal Code and enforcement history, and the importance of maintaining continuity in active and ongoing enforcement proceedings. By continuing services through DLR, the City continues receiving the legal support that already exists, to enforce local codes effectively, while ensuring strong legal representation when required. Through this legal agreement, DLR will continue to provide specialized legal support to the City’s Code Enforcement Division, City Attorney’s Office, Police Department, and other departments as deemed necessary, per the hourly compensation rates listed in Exhibit “B” of the legal agreement, and as follows:
CITY COUNCIL PRIORITIES
Efficiency & Adaptability
Quality of Life, Safety & Infrastructure
FISCAL IMPACT
Approval of the recommended action will result in monthly expenditures from the Community Development Department’s Code Enforcement Division Account No. 10-4-5215-0470 and Police Department Account No. 10-4- 2110-0470, as previously approved in the Fiscal Year 2025-2026 operating budget. There is sufficient fund balance for the recommended actions.
Attachments
Attachment A - Legal Service Agreement with Dapeer Rosenblit & Livak LLP for City Prosecutor Services(footer).pdf
Docusign Envelope ID: C808F6F3-53BB4339-8348-A56574554BEC
LEGAL SERVICES AGREEMENT WITH
DAPEER ROSENBLIT & LITVAK LLP FOR CITY PROSECUTOR SERVICES This AGREEMENT is made and entered into this 10th day of February, 2026, by and between Dapeer Rosenblit & Litvak LLP (“Attorneys”), and the City of Downey, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ("City”).
RECITALS
A The City of Downey desires to engage Attorneys to provide City Prosecutor legal services as required by City on the terms and conditions set forth in this Agreement, including without limitation code enforcement services, the review of alleged municipal code violations, the exercise of the City’s administrative, civil or criminal remedies in connection therewith, training of staff, the review and analysis of municipal ordinances, and any other legal services requested by the City. Attorneys may also be involved in permit and approval processes and represent City’s interests before reviewing authorities, including the City Council.
B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge related to the above services, and desire to undertake said services.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys to provide City Prosecutor legal services, as further described in Exhibit A (“Services”). Attorneys accept said retention and agree to perform the Services in a timely and efficient manner.
2. COMPENSATION FOR SERVICES RENDERED
A. City agrees to compensate Attorneys for the Services performed under this Agreement at the rates set forth in Exhibit B.
B. City agrees to reimburse Attorneys for out-of-pocket expenses at the rates set forth in Exhibit B, including but not limited to, mileage, copying costs, service of process, and mail services authorized by the City in connection with the performance of duties under this Agreement. Automobile travel will be reimbursed at the standard mileage rate in effect at the time of billing by the Internal Revenue Service. All expenses must have supporting documentation submitted with the invoice.
3. METHOD OF PAYMENT Attorneys shall submit a statement specifying the services performed and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc.). City acknowledges that the fees incurred for work performed by Attorneys on its behalf are due and owing within 45 days of receipt of this statement
Attachment A
Docusign Envelope ID: C808F6F3-53BB4339-8348-A56574554BEC
4. CONTROL OF LEGAL MATTERS it is mutually understood and agreed that, in consultation with City Staff, Attorneys shall retain independent prosecutorial discretion in the performance of Services related to the filing, prosecuting, and resolving of criminal matters in which Attorneys are serving as Downey City Prosecutor. Attorneys agree that each and every other matter or proceeding in which they undertake to assist the City shall be and remain under, and subject to the control and direction of the Director of Community Development, Chief of Police, and/or the City Attorney at all stages – or other designated City Official, and that they shall at all times keep the City informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to the Services. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City any and all files then in their possession concerning the Services.
5. REPORTING REQUIREMENTS Attorneys agree to keep the City, and any other person(s) designated by the City, informed of significant findings and at a minimum provide an update on the status of the Services every thirty (30) days or as otherwise agreed to by the parties.
6. TERM The term of this Agreement shall commence on March 1, 2026 and terminate on June 30, 2029 unless terminated earlier pursuant to Section 15 below. The term of this Agreement may be extended for up to three (3) years upon a writing executed by both parties.
7. INDEPENDENT CONTRACTORS it is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City.
8. INSURANCE Attorneys shall provide to the City proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or refuse to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City’s election, to forthwith terminate this Agreement. Such termination shall not affect Attorneys’ right to be paid for its time and materials expended prior to notification of termination .
9. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief to the extent caused by Attorneys’ negligent or wrongful performance or conduct related to this Agreement.
10. CONFIDENTIALITY All information and documents shared with Attorneys as well as all work performed by Attorneys in connection with this Agreement should be treated as strictly confidential. Moreover, all communications between Attorneys and City shall be treated as protected by the attorney-client privilege and the attorney work product doctrine. Accordingly, information received by Attorneys from City should be kept in a secure place, and no information about this work may be disclosed to any third party without City’s prior written approval. Attorneys shall provide materials directly to the City Attorney’s Office or to the Community Development Department. All such information and any written product in connection with Attorneys' retention under this Agreement shall be marked as “PRIVILEGED AND CONFIDENTIAL / ATTORNEY-WORK PRODUCT” and shall be the property of the City, Attachment A
Docusign Envelope ID: C808F6F3-53BB-4339-8348-A56574554BEC and shall be returned/provided to the Office of the City Attorney or Community Development Department with all copies upon the request of the City Attorney’s Office. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE Attorneys covenant that they presently have no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement.
12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons:
Firm :Dapeer Rosenblit & Litvak, LLP
11 500 West Olympic Boulevard , Suite 550
Los Angeles, CA 90064-1524
Phone: (310) 477-5575
Fax: (310) 477-7090
Attn: James Eckart
City:City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Fax: (562) 904-7151
Attn: Director of Community Development
With a courtesy copy to:
City of Downey
City Attorney’s Office
11111 Brookshire Avenue
Downey, California 90241
A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, Attachment A
Docusign Envelope ID: C808F6F3-53BB-4339-8348-A56574554BEC addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys regarding the Services, and supersedes any and all other agreements regarding the Services, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Attorneys. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Attorneys or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein.
14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other Attorneys retained by City.
15. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. Attorneys may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation if applicable. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel.
16. DISCRIMINATION Attorneys shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Attorneys affirm that they are an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
17. JURISDICTION – VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Los Angeles County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each Attachment A
Docusign Envelope ID: C808F6F3-53BB4339-8348-A56574554BEC of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
19. COUNTERPARTS; SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission, e-mail, or otherwise, each of which shall be deemed to be an original. Photocopies of any executed counterpart shall have the same force and effect as an original
20. NO GUARANTEES City understands and acknowledges that there are certain risks and uncertainties in the pursuit of any matter for which Attorneys have been retained, that law is not an exact science, that Attorneys have made no representations or guarantees of success regarding the conclusion of any particular matter, and that all expressions relative thereto are matters of Attorneys’ opinion only. In other words, Attorneys make no representations or guarantees of success regarding any matter.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.
CITY OF DOWNEY, DAPEER ROSENBLIT & LITVAK LLP
a California municipal corporation a California Limited Liability Partnership and charter city
By:
Claudia M. Frometa, Mayor
B,: Le.k*
James Eckart
Partner
Attest:
Maria Alicia DuaNe. CMC
City Clerk
Approved as to Form
FoRm
City Attorney
Attachment A
Docusign Envelope ID: C808F6F3-53BB-4339-8348-A56574554BEC EXHIBIT "A"
SCOPE OF SERVICES
Attorneys will represent the City in the prosecution of violations of the Downey Municipal Code in the 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:
Prosecute violations of the Downey Municipal Code and other codes filed as misdemeanors and infractions;
Prepare for and attend trials, hearings, and other criminal and civil case activities; Review facts and law, conduct legal research, prepare pleadings, and conduct defense interviews;
Conduct pretrial conferences, including negotiation of plea agreement offers and terms of deferred prosecution ;
Perform professional legal work (carrying the highest levels of volume, complexity, consequence, autonomy and responsibility), including regularly drafting subpoenas, motions, notices and proposed orders;
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5 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 Superior 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. Provide code enforcement services, including, without limitation, 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.
Attachment A
Docusign Envelope ID: C808F6F3-53BB-4339-8348-A56574554BEC EXHIBIT "B"
COMPENSATION
Firm will submit monthly invoices that present the hours spent by each attorney/paralegal in connection with this Agreement. The total sum expended under this Agreement shall not exceed the maximum amount approved in the annual budget for this purpose. Below are the hourly rates and costs City will compensate Firm for the legal services provided under this Agreement:
A General Code Enforcement Services $245/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) . •
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B. Ordinance Drafting Services $295/hour
C Administrative Hearing Services $295/hour (Attorneys) $ 195/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 $295/hour (Attorneys)
$195/hour (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 $295/hour (Attorneys)
$195/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
7 Attachment A
Docusign Envelope ID: C808F6F3-53BB-4339-8348-A56574554BEC F Miscellaneous Costs See below
Any costs incurred by Firm on behalf of the City, as well as other expenses, would be 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 records when not otherwise available from our electronic service providers, and other similar charges);
Online 3’d party database providers – As incurred by 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; Copier charges – B&W – 20#/page; Color - $1/page;
Postage – As incurred;
Exhibit preparation (including enlargement of photographs) –As incurred; Court reporter or transcript fees – As incurred .
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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.
Attachment A