Agenda packet, second session — Malibu City Council, June 10, 2024 (part 2 of 4)

ARTICLE IV – Invoice and Payment

1. Invoicing. Upon execution of this MOA by all PARTIES, L.A. CITY will invoice all PARTIES for their respective annual payment in July of each year for the term of this MOA. The PARTIES hereby acknowledge and ratify services performed in accordance with the terms and conditions of this MOA before the date of the last signature of the PARTIES but on or after July 1, 2023. Such services shall be included in the first invoice and reimbursable pursuant to this MOA.

2. Annual Payment. The PARTIES shall pay L.A. CITY for the respective share of the cost for Monitoring Services as shown in Exhibit “B” within sixty (60) days of receipt of the invoice from L.A. CITY. The total annual monitoring costs shown in Exhibit “B” are estimates that have been agreed upon amongst L.A. CITY and the PARTIES listed in Exhibit “A.” The Annual Payment will be increased by 3% for inflation annually, beginning Fiscal Year 2024-25.

3. Contract Management Fee. Exhibit “B” includes a 10% Administration Fee for administration of this MOA by L.A. CITY. Each PARTY will be assessed its proportionate share of the annual Contract Management Fee as shown in Exhibit “B.”

4. Late Payment Penalty. Any payment that is not received within sixty (60) days following receipt of the invoice from L.A. CITY shall be subject to a late payment of 10%. Interest on any late payments shall accrue at the rate of 1% per month for each month a payment is past due.

5. Delinquent Payments. A payment not made within three hundred and sixty-five (365) days after receipt of the invoice from L.A. CITY shall result in L.A. CITY notifying the Regional Board and the PARTIES that the delinquent PARTY is no longer a participating member of this MOA. The PARTY shall be deemed to have withdrawn from this MOA and the remaining PARTIES' cost share allocation shall be adjusted in accordance with the cost allocation formula in Exhibit “A.” Withdrawal shall not relieve a PARTY’s obligation to pay its proportionate share of costs that were due at the time of the deemed withdrawal.

ARTICLE V – Term of MOA

1. This MOA shall become retroactively effective to July 1, 2023 upon execution by all PARTIES and it shall remain and continue in effect until June 30, 2028.

2. During the unexpired term of this MOA, L.A. CITY may negotiate with the other PARTIES, in good faith, modifications to the MOA that it deems reasonably necessary because of any of the following changed circumstances:
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a. There is a material change in the regulatory framework for stormwater and urban runoffs.
b. There is a proposed change, either addition or deletion of monitoring locations, tests, and frequency of tests.
c. There is a material change in the cost of providing monitoring in the approved locations.

To authorize any MOA modification deemed reasonably necessary without an amendment to this MOA, the affected PARTY or PARTIES must provide written approval to L.A. CITY. Written approval may be provided by the individuals listed in Exhibit “C” or by a person authorized by the PARTY to provide such approval.

If MOA modifications are made in accordance with the above circumstances, no PARTY will be obligated to pay for additional expenditures which exceed 15% of the original estimates in Exhibit “B” without an amendment to this MOA. Any revised cost share allocations shall be adjusted in accordance with the cost allocation formula in Exhibit “A” and “B.”

3. Any PARTY may elect to withdraw from this MOA for any reason in whole or in part upon thirty (30) days written notice to the other PARTIES. The withdrawing PARTY shall remain responsible for its proportionate share of the costs for Monitoring Services performed up to the effective date of withdrawal. L.A. CITY shall notify in writing all PARTIES within fourteen (14) days of receiving written notice from any PARTY that intends to withdraw from this MOA. If one of the PARTIES elects to withdraw from cost sharing of Monitoring Services before the end of the term of this MOA, the remaining cost share may be distributed among the other PARTIES based on the existing cost allocation formula, subject to advance written amendment of Exhibits “A” and “B” agreed upon by the remaining PARTIES.

4. This MOA shall continue on a month to month basis after the expiration date as stated in Article V, Section 1 above until a PARTY requests L.A. CITY in writing to cease the Monitoring Services or a new MOA is executed for employing L.A. CITY to perform the Monitoring Services on behalf of the PARTIES, but not to exceed twelve (12) months. The cost for the monthly monitoring shall be one-twelfth of the previous annual cost.

ARTICLE VI – General Provisions

1. Notices. Any notices, bills, invoices, or reports relating to this MOA, and any request, demand, statement, or other communication required or permitted hereunder shall be in writing and shall be delivered to the representatives of the 9 Santa Monica Bay Beaches Bacteria TMDL Water Quality Monitoring MOA

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PARTIES at the addresses set forth in Exhibit “C” attached hereto and incorporated herein by reference. PARTIES shall promptly notify each other of any change of contact information, including personnel changes, provided in Exhibit “C”. Written notice shall include notice delivered via e-mail or fax. A notice shall be deemed to have been received on (a) the date of delivery, if delivered by hand during regular business hours, or by confirmed facsimile or by e-mail; or (b) on the third (3rd) business day following mailing by registered or certified mail (return receipt requested) to the addresses set forth in Exhibit “C.”

2. Administration. For the purposes of this MOA, the PARTIES hereby designate as their respective representatives the persons named in Exhibit “C.” The designated representatives, or their respective designees, shall administer the terms and conditions of this MOA on behalf of their respective entities. Each of the persons signing below on behalf of a PARTY represents and warrants that he or she is authorized to sign this MOA on behalf of such entity.

3. Relationship of the Parties. The PARTIES to this MOA are, and shall at all times remain as to each other, wholly independent entities. No PARTY shall have power to incur any debt, obligation, or liability on behalf of any other PARTY unless expressly provided to the contrary by this MOA. No employee, agent, or officer of a PARTY shall be deemed for any purpose whatsoever to be an agent, employee, or officer of another PARTY.

4. Amendment. The terms and provisions of this MOA may not be amended, modified, or waived, except by an instrument in writing signed by all non-delinquent PARTIES. A PARTY will be considered delinquent if a payment is not made within three hundred and sixty-five (365) days after receipt of the invoice from L.A. CITY per Article IV, Section 5. Such amendments may be executed by those individuals listed in Exhibit “C” or by a person authorized to execute such amendment on behalf of each PARTY.

5. Indemnification.
a. Each PARTY shall indemnify, defend, and hold harmless each other PARTY, on a pro rata basis, including its special districts, member agencies, elected and appointed officers, employees, agents, attorneys, and designated volunteers from and against any and all liability, including, but not limited to, demands, claims, actions, fees, costs, and expenses (including reasonable attorneys and expert witness fees), arising from or connected with its own acts or omissions under this MOA; provided, however, that no PARTY shall indemnify another PARTY for the latter PARTY’s own negligence or willful misconduct.
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b. In the event of third party injury or loss caused by negligence, wrongful act or omission by one or more PARTIES, each such PARTY shall bear financial responsibility in proportion to its percentage of fault as may be agreed to or judicially determined.
c. The PARTIES agree that any other liability borne by or imposed upon any PARTY as a result of this MOA shall be limited to the respective PARTY’s pro rata cost share applicable to the specific site(s) at issue, as set forth in Exhibit “A.”

6. Law to Govern. This MOA is governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. In the event of litigation related to this MOA, venue in the State Superior Court or Federal District Court shall lie exclusively in the County of Los Angeles.

7. No Presumption in Drafting. The PARTIES to this MOA agree that the general rule that an MOA is to be interpreted against the PARTY drafting it, or causing it to be prepared shall not apply.

8. Severability. If any provision of this MOA shall be determined by any court to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOA shall not be affected, and this MOA shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOA.

9. Entire Agreement. This MOA constitutes the entire agreement of the PARTIES to this MOA with respect to the subject matter hereof.

10. Waiver. Waiver by any PARTY to this MOA of any term, condition, or covenant of this MOA shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any PARTY to this MOA of any breach of the provisions of this MOA shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOA.

11. Counterparts. This MOA may be executed in any number of counterparts, which execution may be by electronic means as defined in Civil Code section 1633.2 and each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to all PARTIES to this MOA.

12. Cooperation, Further Acts. The PARTIES shall cooperate fully with one another to attain the purposes of this MOA.
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13. All PARTIES to this MOA have been represented by counsel in the preparation and negotiation of this MOA. Accordingly, this MOA shall be construed according to its fair language.

IN WITNESS WHEREOF, the PARTIES have caused this MOA to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES:
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CITY OF LOS ANGELES
Date: ___________________ By: _________________________ Aura Garcia, President
Board of Public Works
ATTEST:

By:
________________________
Holly L. Wolcott
City Clerk
APPROVED AS TO FORM:

Hydee Feldstein Soto
City Attorney
By: ______________________
Virginia M. Choi
Deputy City Attorney
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COUNTY OF LOS ANGELES

By
Mark Pestrella
Director of Public Works
Date

APPROVED AS TO FORM:

Dawyn R. Harrison
County Counsel

By
Grace V. Chang, Principal Deputy Date
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LOS ANGELES COUNTY FLOOD CONTROL DISTRICT

By
Mark Pestrella
Chief Engineer
Date

APPROVED AS TO FORM:

Dawyn R. Harrison
County Counsel

By
Grace V. Chang, Principal Deputy Date

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STATE OF CALIFORNIA
Department of Transportation
Tony Tavares
Director
By: _________________________ Date: ______________________ Gloria Roberts
District Director
APPROVED AS TO FORM & PROCEDURE:

By: _________________________
Attorney
CERTIFIED AS TO FUNDS:

By:_____________________
District Budget Manager
CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS:

By: _____________________
Accounting Administrator
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CITY OF AGOURA HILLS

Dated:
____________________

Attest:
________________________ _________________________
Chris Anstead, Mayor Kimberly Rodrigues, MMC, City Clerk

Approved as to Form:
_________________
Candice K. Lee, City Attorney
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CITY OF CALABASAS

Date: ____________________ By: _________________________ David J. Shapiro, Mayor

ATTEST:

______________________________
Maricela Hernandez, City Clerk

APPROVED AS TO FORM:

____________________________
Matthew T. Summers, City Attorney
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CITY OF EL SEGUNDO
Date: ____________________ By: _________________________ Elias Sassoon
Public Works Director
ATTEST:

By:
_________________________
Date: _____________________
Tracy Weaver
City Clerk
APPROVED AS TO FORM:

By:
_________________________
Date: _____________________
Mark D. Hensley
City Attorney
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CITY OF HIDDEN HILLS

Dated:

______________________
By ________________________

Steve Freedland, Mayor

ATTEST:

_____________________________
Deana L. Gonzalez, CMC, City Clerk

APPROVED AS TO FORM:

______________________________
Roxanne M. Diaz, City Attorney

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CITY OF MALIBU
Attest:
_________________ _________________________
Steve McClary Kelsey Pettijohn
City Manager City Clerk
Approved as to Form:
_________________
Trevor Rusin
Interim City Attorney
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CITY OF SANTA MONICA
Date: __________________ By: _________________________
David White, City Manager
ATTEST:

By:
_________________________
Nikima Newsome
Interim City Clerk
APPROVED AS TO FORM:

By:
__________________________
Douglas T. Sloan
City Attorney
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CITY OF THOUSAND OAKS
Date: _____________________ Attest:
__________________________ _________________________
Andrew P. Powers, City Manager Laura B. Maguire, City Clerk Approved as to Form:

_________________
Tracy Friedl, Assistant City Attorney

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CITY OF WESTLAKE VILLAGE

Date:_____________________ Attest:
__________________________ _________________________
Ray Pearl, Mayor Antoinette Mann, City Clerk
Approved as to Form:
_________________
Terence Boga, City Attorney
24 EXHIBIT A

COST SHARING PERCENTAGES BY AGENCY
Excl. Ventura County and CA Dept. of Recreation and Parks (EMD Review) TMDL
Monitoring
Station
CLA Historical Designation SM Baykeeper
ID
Systematic
Monitoring Cost
FY 23-24
Accelerated
Monitoring Cost
FY 23-24
Estimated
Exceedances
County of Los
Angeles (%) Caltrans (%) City of Malibu (%)
City of Los
Angeles (%)
City of Calabasas
(%)
City of El
Segundo (%)
City of
Santa Monica
(%)
City of Thousand
Oaks
(%)
City of Agoura
Hills (%)
City of
Westlake
Village
(%)
City of
Hidden Hills
(%)
Total (%)
1-02 El Pescador State Beach open $0 $0 0 74.07 1.23 24.32 0.05 0.33 100.00 1-03 El Matador State Beach open $8,387 $172 1 74.07 1.23 24.32 0.05 0.33 100.00 1-06 Walnut Creek/Paradise Cove S1d130 $8,387 $344 2 74.07 1.23 24.32 0.05 0.33 100.00 1-08 Escondido Creek S1d150 $8,387 $172 1 74.07 1.23 24.32 0.05 0.33 100.00 1-10 Solstice Creek S1d290 $8,387 $1,033 6 74.07 1.23 24.32 0.05 0.33 100.00 1-12 Marie Canyon SD S2D170 $8,387 $689 4 74.07 1.23 24.32 0.05 0.33 100.00 1-13 Sweetwater Canyon S3D10 $8,387 $172 1 74.07 1.23 24.32 0.05 0.33 100.00 1-14 Las Flores Creek S3D150 $8,387 $344 2 74.07 1.23 24.32 0.05 0.33 100.00 1-16 Pena Creek S4d60 $8,387 $172 1 74.07 1.23 24.32 0.05 0.33 100.00 1-17 Tuna Canyon S5d175 $8,387 $172 1 74.07 1.23 24.32 0.05 0.33 100.00 1-18 Topanga Cyn* s5d315 $41,933 $0 54 74.07 1.23 24.32 0.05 0.33 100.00 SMB-O-1 Paradise Cove S1d40 $8,387 $861 5 74.07 1.23 24.32 0.05 0.33 100.00 SMB-O-2 Puerco Canyon SD s2d140 $8,387 $344 2 74.07 1.23 24.32 0.05 0.33 100.00 2-01 Castlerock SD S5d480 $8,387 $1,205 7 2.40 0.88 89.11 6.20 1.41 100.00 2-02 Santa Ynez SD S6d30 $8,387 $689 4 2.40 0.88 89.11 6.20 1.41 100.00 2-4 Pulga Cyn SD s6d109 $8,387 $344 2 2.40 0.88 89.11 6.20 1.41 100.00 2-7 Santa Monica Cyn SD* s6d230 $41,933 $0 18 2.40 0.88 89.11 6.20 1.41 100.00 2-10 Culver SD s9d10 $8,387 $344 2 2.40 0.88 89.11 6.20 1.41 100.00 2-11 N. Westchester SD S9d50 $8,387 $344 2 2.40 0.88 89.11 6.20 1.41 100.00 2-13 Imperial Hwy SD s9d70 $8,387 $517 3 2.40 0.88 89.11 6.20 1.41 100.00 SMB-O-4 N/A s6d50 $2,305 $0 0 2.40 0.88 89.11 6.20 1.41 100.00 SMB-O-5 N/A s6d90 $2,305 $0 0 2.40 0.88 89.11 6.20 1.41 100.00 3-3 Santa Monica Pier* s7d5 $41,933 $0 180 0.52 47.77 51.71 100.00 3-4 Pico-Kenter SD* s7d10 $41,933 $0 40 0.52 47.77 51.71 100.00 3-5 Ashland SD* s7d20 $41,933 $0 6 0.52 47.77 51.71 100.00 3-06 Rose SD S7d50 $8,387 $344 2 0.52 47.77 51.71 100.00 3-8 Windward Ave SD s7d80 $8,387 $1,205 7 0.52 47.77 51.71 100.00 MC-2 Malibu Creek* s2d290 $41,933 $0 56 49.52 0.85 1.33 10.65 15.67 12.89 8.81 0.26 100.00 7-6 Royal Palms Beach open $8,387 $172 1 100.00 100.00
7-8 Point Fermin Park open $8,387 $0 0 100.00 100.00
7-9 Outer Cabrillo Beach open $8,387 $344 2 100.00 100.00 SubTotal $440,722 $9,983
Total $450,705
New Monitoring Costs: Exhibit A reflects FY23-24 costs only. See Exhibit B (Table 2) for FY24-25 to FY27-28 costs.

Notes:

FY 23/24
$172.20
$0.00
$161.28
Cost per observation : $44.33
*Daily monitored sites
Cost per exceedance:

Cost per sample:

All others monitored weekly
Daily monitored sites:

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25 EXHIBIT B

ESTIMATED ANNUAL MONITORING SERVICE COST BY AGENCY
Excl. Ventura County and CA Dept. of Recreation and Parks (EMD Review) TMDL Monitoring
Station
Monitoring Cost Exceedance Cost Monitoring Cost Exceedance Cost Monitoring Cost Exceedance Cost Monitoring Cost Exceedance Cost Monitoring Cost Exceedance Cost Monitoring
Cost
Exceedance
Cost
Monitoring
Cost
Exceedance
Cost
Monitoring
Cost
Exceedance
Cost
Monitoring
Cost
Exceedance
Cost
Monitoring
Cost
Exceedance
Cost Monitoring Cost Exceedance Cost
Monitoring
Cost Exceedance Cost
1-02 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1-03 $419.35 $8.60 $5,901.64 $121.03 $98.00 $2.01 $1,937.73 $39.74 $3.98 $0.08 $26.29 $0.54 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1-06 $419.35 $17.20 $5,901.64 $242.06 $98.00 $4.02 $1,937.73 $79.48 $3.98 $0.16 $26.29 $1.08 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1-08 $419.35 $8.60 $5,901.64 $121.03 $98.00 $2.01 $1,937.73 $39.74 $3.98 $0.08 $26.29 $0.54 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1-10 $419.35 $51.65 $5,901.64 $726.89 $98.00 $12.07 $1,937.73 $238.66 $3.98 $0.49 $26.29 $3.24 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1-12 $419.35 $34.45 $5,901.64 $484.83 $98.00 $8.05 $1,937.73 $159.19 $3.98 $0.33 $26.29 $2.16 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1-13 $419.35 $8.60 $5,901.64 $121.03 $98.00 $2.01 $1,937.73 $39.74 $3.98 $0.08 $26.29 $0.54 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1-14 $419.35 $17.20 $5,901.64 $242.06 $98.00 $4.02 $1,937.73 $79.48 $3.98 $0.16 $26.29 $1.08 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1-16 $419.35 $8.60 $5,901.64 $121.03 $98.00 $2.01 $1,937.73 $39.74 $3.98 $0.08 $26.29 $0.54 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1-17 $419.35 $8.60 $5,901.64 $121.03 $98.00 $2.01 $1,937.73 $39.74 $3.98 $0.08 $26.29 $0.54 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 *1-18 $2,096.65 $0.00 $29,506.78 $0.00 $489.99 $0.00 $9,688.20 $0.00 $19.92 $0.00 $131.46 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SMB-O-1 $419.35 $43.05 $5,901.64 $605.86 $98.00 $10.06 $1,937.73 $198.93 $3.98 $0.41 $26.29 $2.70 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SMB-O-2 $419.35 $17.20 $5,901.64 $242.06 $98.00 $4.02 $1,937.73 $79.48 $3.98 $0.16 $26.29 $1.08 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2-01 $419.35 $60.25 $191.22 $27.47 $70.12 $10.07 $0.00 $0.00 $7,099.97 $1,020.09 $0.00 $0.00 $493.99 $70.97 $112.34 $16.14 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2-02 $419.35 $34.45 $191.22 $15.71 $70.12 $5.76 $0.00 $0.00 $7,099.97 $583.27 $0.00 $0.00 $493.99 $40.58 $112.34 $9.23 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2-4 $419.35 $17.20 $191.22 $7.84 $70.12 $2.88 $0.00 $0.00 $7,099.97 $291.21 $0.00 $0.00 $493.99 $20.26 $112.34 $4.61 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 *2-7 $2,096.65 $0.00 $956.07 $0.00 $350.56 $0.00 $0.00 $0.00 $35,498.17 $0.00 $0.00 $0.00 $2,469.85 $0.00 $561.69 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2-10 $419.35 $17.20 $191.22 $7.84 $70.12 $2.88 $0.00 $0.00 $7,099.97 $291.21 $0.00 $0.00 $493.99 $20.26 $112.34 $4.61 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2-11 $419.35 $17.20 $191.22 $7.84 $70.12 $2.88 $0.00 $0.00 $7,099.97 $291.21 $0.00 $0.00 $493.99 $20.26 $112.34 $4.61 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2-13 $419.35 $25.85 $191.22 $11.79 $70.12 $4.32 $0.00 $0.00 $7,099.97 $437.66 $0.00 $0.00 $493.99 $30.45 $112.34 $6.93 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SMB-O-4 $115.25 $0.00 $52.55 $0.00 $19.27 $0.00 $0.00 $0.00 $1,951.29 $0.00 $0.00 $0.00 $135.76 $0.00 $30.88 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SMB-O-5 $115.25 $0.00 $52.55 $0.00 $19.27 $0.00 $0.00 $0.00 $1,951.29 $0.00 $0.00 $0.00 $135.76 $0.00 $30.88 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 *3-3 $2,096.65 $0.00 $0.00 $0.00 $207.15 $0.00 $0.00 $0.00 $19,029.82 $0.00 $0.00 $0.00 $0.00 $0.00 $20,599.38 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 *3-4 $2,096.65 $0.00 $0.00 $0.00 $207.15 $0.00 $0.00 $0.00 $19,029.82 $0.00 $0.00 $0.00 $0.00 $0.00 $20,599.38 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 *3-5 $2,096.65 $0.00 $0.00 $0.00 $207.15 $0.00 $0.00 $0.00 $19,029.82 $0.00 $0.00 $0.00 $0.00 $0.00 $20,599.38 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 3-06 $419.35 $17.20 $0.00 $0.00 $41.43 $1.70 $0.00 $0.00 $3,806.15 $156.11 $0.00 $0.00 $0.00 $0.00 $4,120.07 $168.99 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 3-8 $419.35 $60.25 $0.00 $0.00 $41.43 $5.95 $0.00 $0.00 $3,806.15 $546.85 $0.00 $0.00 $0.00 $0.00 $4,120.07 $591.95 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 *MC-2 $2,096.65 $0.00 $19,726.96 $0.00 $338.61 $0.00 $529.82 $0.00 $0.00 $0.00 $4,242.57 $0.00 $0.00 $0.00 $0.00 $0.00 $6,242.36 $0.00 $5,134.91 $0.00 $3,509.58 $0.00 $103.57 $0.00 7-6 $419.35 $8.60 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $7,967.65 $163.40 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 7-8 $419.35 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $7,967.65 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 7-9 $419.35 $17.20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $7,967.65 $326.80 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal $22,036.10 $499.15 $116,360.27 $3,227.40 $3,420.73 $88.73 $31,533.05 $1,033.92 $170,668.98 $4,109.92 $4,663.22 $14.04 $5,705.31 $202.78 $71,335.77 $807.07 $6,242.36 $0.00 $5,134.91 $0.00 $3,509.58 $0.00 $103.57 $0.00 Adminstration Fee
(10%) $2,203.61 $49.92 $11,636.03 $322.74 $342.07 $8.87 $3,153.31 $103.39 $17,066.90 $410.99 $466.32 $1.40 $570.53 $20.28 $7,133.58 $80.71 $624.24 $0.00 $513.49 $0.00 $350.96 $0.00 $10.36 $0.00 Total (FY23-24)

1. Los Angeles County Flood Control District is assigned 5% of the Monitoring and Exceedance Cost per station. Other agencies will be charged the remaining 95% of costs according to land area.

Table 2. Annual Invoicing Schedule for 2023-2028
Fiscal Year2
County of Los
Angeles Flood
Control
District
County of
Los Angeles Caltrans City of
Malibu
City of Los
Angeles
City of
Calabasas
City of El
Segundo
City of Santa
Monica
City of
Thousand
Oaks
City of
Agoura
Hills
City of
Westlake
Village
City of
Hidden
Hills
FY23-24 $24,788.78 $131,546.44 $3,860.40 $35,823.67 $192,256.79 $5,144.98 $6,498.90 $79,357.13 $6,866.60 $5,648.40 $3,860.54 $113.93 FY24-25 $25,532.44 $135,492.83 $3,976.21 $36,898.38 $198,024.49 $5,299.33 $6,693.87 $81,737.84 $7,072.60 $5,817.85 $3,976.36 $117.35 FY25-26 $26,298.41 $139,557.61 $4,095.50 $38,005.33 $203,965.22 $5,458.31 $6,894.69 $84,189.98 $7,284.78 $5,992.39 $4,095.65 $120.87 FY26-27 $27,087.36 $143,744.34 $4,218.37 $39,145.49 $210,084.18 $5,622.06 $7,101.53 $86,715.68 $7,503.32 $6,172.16 $4,218.52 $124.50 FY27-28 $27,899.98 $148,056.67 $4,344.92 $40,319.85 $216,386.71 $5,790.72 $7,314.58 $89,317.15 $7,728.42 $6,357.32 $4,345.08 $128.24 MOA 5-Yr Total $131,606.97 $698,397.89 $20,495.40 $190,192.72 $1,020,717.39 $27,315.40 $34,503.57 $421,317.78 $36,455.72 $29,988.12 $20,496.15 $604.89 MOA Grand Total

2. The invoice amount will be increased by 3% for inflation annually, beginning Fiscal Year 2024-25. $5,648.40 $3,860.54
County of Los Angeles
FY23-24
$3,860.40 $192,256.79
City of Hidden Hills
FY23-24
$113.93
City of Los Angeles
FY23-24
$35,823.67 $6,498.90
City of Westlake Village
FY23-24
Caltrans
FY23-24
City of Santa Monica
FY23-24
City of Agoura Hills
FY23-24
City of Calabasas
FY23-24
City of El Segundo
FY23-24
$2,632,092
City of Thousand Oaks
FY23-24
*Daily monitoring sites
$131,546.44 $5,144.98 $79,357.13 $6,866.60
County of Los Angeles Flood Control
District1
FY23-24
$24,788.78
City of Malibu
FY23-24
Santa Monica Bay Beaches Bacteria TMDL Water Quality Monitoring MOA

Page 23 of 25 ends

26 Santa Monica Bay Beaches Bacteria TMDL Water Quality Monitoring MOA

Page 24 of 25 ends

EXHIBIT C
MOA Party Representatives
Agency Address Agency Contact
City of Los Angeles
Department of Public Works
Bureau of Sanitation, Watershed Protection
Division
1149 S. Broadway
Los Angeles, CA 90015
Alfredo Magallanes
E-mail: [email protected]
Phone: (213) 485-3958
County of Los Angeles
Department of Public Works
Stormwater Quality Division, Building A-9 East,
1st Floor
1000 South Fremont Avenue
Alhambra, CA 91803
Mark Lombos
E-mail: [email protected]
Phone: (626) 300-4665
Los Angeles County Flood Control District
Department of Public Works
Stormwater Quality Division, Building A-9 East,
1st Floor
1000 South Fremont Avenue
Alhambra, CA 91803
Jalaine Verdiner
E-mail: [email protected]
Phone: (626) 300-4666
California Department of Transportation
District 07, Design Division, Stormwater Unit
100 South Main Street, Suite 100, MS 13
Los Angeles, CA 90012
Shao-Chiang Liu
E-mail: [email protected]
Phone: (213) 269-1662
City of Agoura Hills
Department of Public Works
30001 Ladyface Court
Agoura Hills, CA 91301
Jessica Forte
E-mail: [email protected]
Phone: (818) 597-7343
City of Calabasas
100 Civic Center Way
Calabasas, CA 91302-3172
Tatiana Holden
E-mail: [email protected]
Phone: (818) 224-1600
City of El Segundo
Public Works Department
350 Main Street
El Segundo, CA 90245
Lifan Xu
E-mail: [email protected]
Phone: (310) 524-2368
City of Hidden Hills
6165 Spring Valley Road
Hidden Hills, CA 91302
Joe Bellomo
E-mail: [email protected]
Phone: (805) 279-6856
City of Malibu
Environmental Sustainability Department
23825 Stuart Ranch Road
Malibu, CA 90265
Mark Johnson
E-mail: [email protected]
Phone: (310) 456-2489 ext. 275
27 Santa Monica Bay Beaches Bacteria TMDL Water Quality Monitoring MOA

Page 25 of 25 ends

City of Santa Monica
Department of Public Works
Engineering and Streets Division
1685 Main Street, Mail Stop 15
Santa Monica, CA 90401
Joshua Carvalho
E-mail: [email protected]
Phone: (310) 458-2201 x6461
City of Thousand Oaks
Public Works Department
2100 Thousand Oaks Blvd.

Thousand Oaks, CA 91362
Paul Jorgensen
E-mail: [email protected]
Phone: (805) 491-8166
City of Westlake Village
Department of Public Works
31200 Oak Crest Drive
Westlake Village, CA 91361
Roxanne Hughes
E-mail: [email protected]
Phone: (805) 890-8885
28

Page 1 of 2 ends

Agenda Item # 3.B.9
Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Tracey Rossine, Environmental Programs Manager Reviewed by: Yolanda Bundy, Environmental Sustainability Director Approved by: Steve McClary, City Manager
Date prepared: May 22, 2024 Meeting date: June 10, 2024 Subject: Professional Services Agreement for Dark Sky Compliance, Plan Review, and Inspections Consulting Services
RECOMMENDED ACTION: 1) Authorize the Mayor to execute a professional services agreement with Kimley-Horn and Associates, Inc. to provide Dark Sky compliance, plan review, and inspection consulting services; and 2) Authorize the Mayor to execute a professional services agreement with Clanton and Associates, Inc. to evaluate and amend the existing Dark Sky ordinance and create corresponding compliance forms.

FISCAL IMPACT: No additional appropriation is required. Funding for this project was included in the Adopted Budget for FY 2023-24 and Proposed Budget for FY 2024-25 in Account No. 101-2004-5100-00 (Building Safety Professional Services).

STRATEGIC PRIORITY: This item supports day-to-day operations identified in the Strategic Priority Project List.

DISCUSSION: On February 13, 2024, a Request for Proposals (RFP) for the Malibu Dark Sky Outreach, Plan Check, and Inspections Consulting Services was distributed.

The RFP required applicants to enumerate the firm’s capabilities and experience in providing these requested services. In addition, the identification of primary personnel for each firm was required. The City received a proposal from the following firms:

1. Kimley-Horn and Associates, Inc.

2. Clanton and Associates, Inc.

Staff reviewed the proposals, and the two firms were subsequently granted qualification interviews. The interviews were conducted at City Hall on March 28, 2024. Each firm’s City Council Meeting
06-10-24
Item

3.B.9
1

Page 2 of 2 ends

Agenda Item # 3.B.9
interview presentation and RFP package were evaluated, and ability to meet the criteria listed in the RFP determined a selection.

Staff recommends authorizing the Mayor to execute an agreement with both KimleyHorn and Clanton and Associates based on the quality of the proposals and the interview presentations. The City has previously utilized Kimley-Horn to provide these specialized consulting services and has consistently received excellent service; KimleyHorn will review projects for Dark Sky compliance, conduct inspections, and provide input on the development process. Conversely, Clanton and Associates will focus on updating the existing outdoor lighting ordinance with 2024 Dark Sky International language and create a new compliance form process for more efficient workflow.

ATTACHMENTS:

1. Professional Services Agreement for Kimley-Horn and Associates, Inc.

2. Professional Services Agreement for Clanton and Associates, Inc. 2 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of May 28, 2024, by and between the City of Malibu (hereinafter referred to as the "City"), and Kimley-Horn and Associates, Inc. (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

R E C I T A L S
A. The City does not have the personnel able and/or available to perform the services required under this Agreement.

B. The City desires to contract out for consulting services for certain projects relating to plan check and inspections for the Malibu Dark Sky Program.

C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, the City and the Consultant agree as follows:

1.0 SCOPE OF THE CONSULTANT’S SERVICES. The Consultant agrees to provide the services and perform the tasks set forth in the Scope of Work, attached to and made part of this Agreement, except that, to the extent that any provision in Exhibit A conflicts with this Agreement, the provisions of this Agreement govern. The Scope of Work may be amended from time to time by way of a written directive from the City.

2.0 TERM OF AGREEMENT. This Agreement will become effective on July 1, 2024, and will remain in effect for a period of two (2) years from said date unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

3.0 CITY AGENT. The City Manager, or his or her designee, for the purposes of this Agreement, is the agent for the City; whenever approval or authorization is required, Consultant understands that the City Manager, or designee, has the authority to provide that approval or authorization.

4.0 COMPENSATION FOR SERVICES. The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work’s fee and cost schedule (Exhibit B). No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or designee.

DocuSign Envelope ID: 0B23AB36-5051-44BB-AA2B-A14B678710B6 Attachment 1
3 Agreement for Professional Services
Kimley-Horn and Associates

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4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month.

The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.

5.0 CONFLICT OF INTEREST. The Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located in the City which may be affected by the services to be performed by the Consultant under this Agreement. The Consultant further represents that in performance of this Agreement, no person having any such interest shall be employed by it.

5.1 The Consultant represents that no City employee or official has a material financial interest in the Consultant’s business. During the term of this Agreement and/or as a result of being awarded this contract, the Consultant shall not offer, encourage or accept any financial interest in the Consultant’s business by any City employee or official.

5.2 If a portion of the Consultant’s services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within the City or with a City franchisee, the Consultant warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.

6.0 GENERAL TERMS AND CONDITIONS.

6.1 Termination. Either the City Manager or the Consultant may terminate this Agreement, without cause, by giving the other party ten (10) days written notice of such termination and the effective date thereof.

6.1.1 In the event of such termination, all finished or unfinished documents, reports, photographs, films, charts, data, studies, surveys, drawings, models, maps, or other documentation prepared by or in the possession of the Consultant under this Agreement shall be returned to the City. If the City terminates this Agreement without cause, the Consultant shall prepare and shall be entitled to receive compensation pursuant to a close-out bill for services rendered and fees incurred pursuant to this Agreement through the notice of termination.

If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for those services completed in a manner satisfactory to the City.

6.1.2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultants shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages.

DocuSign Envelope ID: 0B23AB36-5051-44BB-AA2B-A14B678710B6 4 Agreement for Professional Services
Kimley-Horn and Associates

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6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City.

6.3 Non-Discrimination. The Consultant shall not discriminate as to race, creed, gender, color, national origin, or sexual orientation in the performance of its services and duties pursuant to this Agreement, and will comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments.

6.4 Insurance. The Consultant shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under this Agreement. Consultant further agrees to comply with all provisions in the attached Exhibit B which is incorporated herein.

6.5 Indemnification.

To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and any and all of its officials, employees, agents, and volunteers (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to or relate to the negligence, recklessness, or willful misconduct of the Consultant.

Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault.

Consultant’s percentage of fault, for both indemnity and defense, shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability, or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, and the parties cannot mutually agree on Consultant’s percentage of fault, the parties agree to mediation with a neutral third-party to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.

6.6 Compliance with Applicable Law. The Consultant and the City shall comply with all applicable laws, ordinances, and codes of the federal, state, county, and city governments, including, without limitation, Malibu Municipal Code Chapter 5.36 Minimum Wage.

6.7 Independent Contractor. This Agreement is by and between the City and the Consultant and is not intended, and shall not be construed, to create the relationship of agency, servant, employee, partnership, joint venture, or association, as between the City and the Consultant.

6.7.1. The Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers or employees shall have any control over the conduct of the Consultant, or any of the Consultant’s employees, except as herein set forth, and the Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that the Consultant is and shall DocuSign Envelope ID: 0B23AB36-5051-44BB-AA2B-A14B678710B6 5 Agreement for Professional Services
Kimley-Horn and Associates

Page 4 of 15 ends

at all times remain to the City a wholly independent contractor and the Consultant's obligations to the City are solely such as are prescribed by this Agreement.

6.8 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant.

6.9 Legal Construction.
(a) This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced, and governed under the laws of the State of California.
(b) This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting of same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
(c) The article and section, captions and headings herein have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
(d) Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.

6.10 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an agreement which shall be binding upon all parties hereto.

6.11 Final Payment Acceptance Constitutes Release. The acceptance by the Consultant of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to the Consultant for anything done, furnished or relating to the Consultant’s work or services. Acceptance of payment shall be any negotiation of the City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of the Consultant, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.

6.12 Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant.

DocuSign Envelope ID: 0B23AB36-5051-44BB-AA2B-A14B678710B6 6 Agreement for Professional Services
Kimley-Horn and Associates

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6.13 Files. All files of the Consultant pertaining to the City shall be and remain the property of the City. The Consultant will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.

6.14 Waiver; Remedies Cumulative. Failure by a party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

6.15 Mitigation of Damages. In all such situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

6.16 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

6.17 Attorneys' Fees. The parties hereto acknowledge and agree that each will bear his/her or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled.

6.18 Entire Agreement. This Agreement constitutes the whole agreement between the City and the Consultant, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any changes or modifications to this Agreement must be made in writing appropriately executed by both the City and the Consultant.

6.19 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

DocuSign Envelope ID: 0B23AB36-5051-44BB-AA2B-A14B678710B6 7 Agreement for Professional Services
Kimley-Horn and Associates

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CITY: Steve McClary CONSULTAN
T:

Sri Chakravarthy
City Manager Principal-In-Charge/Vice President
City of Malibu Kimley-Horn and Associates, Inc.
23825 Stuart Ranch Road 660 South Figueroa Street, Suite 2050 Malibu, CA 90265-4861 Los Angeles, CA 90017
TEL (310) 456-2489 x 226 TEL (213) 261-4040
FAX (310) 456-2760

6.20 Warranty of Authorized Signatories and Acceptance of Facsimile or Electronic Signatures. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered physically or by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

7.0 GENERAL TERMS AND CONDITIONS. (City and Consultant initials required at EITHER 7.1 or 7.2)

7.1 Disclosure Required. By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______

7.2 Disclosure not Required. By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code.

City Initials ______
Consultant Initials ______
This Agreement is executed on May 28, 2024, at Malibu, California, and effective as of July 1, 2024.

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CONSULTANT:
_______________________________
By: SRI CHAKRAVARTHY, Principal-In-Charge/Vice President Kimley-Horn and Associates, Inc.

CITY OF MALIBU:
___________________________________
STEVE UHRING, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
42 42
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EXHIBIT A

SCOPE OF WORK

1. Streamline the development process including:
• Review and evaluate how the City’s development process could be streamlined for processing Dark Sky applications; provide memo on streamlined development procedure
• Update the City’s applications and forms for Dark Sky; provide procedures for City staff to process Dark Sky applications
• Provide training for City staff as requested by the City • Be available for public meetings on Dark Sky related projects and agenda items • Provide recommendations on deviation requests in the planning phase • Provide recommendations to the City to help improve the Dark Sky Program; provide recommendations on City applications and forms

2. Review all Dark Sky applications for compliance with the City of Malibu Dark Sky Ordinance (Malibu Municipal Code Chapter 17.41), California Building Code (CBC), Electrical Code (CEC), and Energy Code as amended by Los Angeles County, as amended by the City of Malibu. Receive final review and approval by the City on all Code interpretations.

3. Conduct reviews within ten (10) business days from the date of receipt to ensure the plans are in conformance with the plans approved by the Planning Department and compliance with the Dark Sky Ordinance. Such review shall be drafted on a City approved form.

4. Consultant will receive 65% of City’s collected fees for a complete plan review.

Percentage fees shall include an initial review and one (1) recheck for a total of two (2), hourly rates apply thereafter – prior authorization must be given by City.

5. Calculate/Recalculate all plan check and permit fees based on the City’s most current fee schedule.

6. Perform all plan checks (commercial and residential) at consultant’s offices.

7. Provide the project applicant and the City a list of items needing clarification or change to achieve conformance with all State, Federal, or local regulations.

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8. Conduct and coordinate all communications with applicants during the process of completing authorized plan check and copy the City on all correspondence.

9. Provide point-by-point computer calculations in AGI-32 software for specific projects related to compliance with the Dark Sky Ordinance.

10. Conduct final inspections within one (1) week of request, including running final light meter tests onsite to verify compliance with the approved plans, City ordinances, building and codes. Turnaround times may be extended with expressed concurrence of the Planning or Environmental Sustainability Director.

11. Provide recommendations to project applicant and/or property owner on how to comply with the Dark Sky Ordinance.

12. Maintain one (1) individual as the contact for all communication with the City.

13. Respond within one (1) business day upon each notification that a plan check is authorized.

14. Respond within one (1) business day to questions from the City generated during field inspection for each authorized plan check that is subsequently issued a permit for construction.

15. Accept any and all documents electronically; including utilization of OnBase (records management system) and any additional electronic formats accepted by the City.

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EXHIBIT B

FEE SCHEDULE
The City shall pay the Consultant for its professional services rendered and costs incurred pursuant to this Agreement in accordance with the Scope of Work’s fee and cost schedule. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager, or designee.

The Consultant shall submit to the City, by no later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month. The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.

Percentage Fee Services:

Percentage Fees shall include an initial review and one (1) recheck for a total of two (2), hourly rates apply thereafter – prior notification must be given to City staff. Daily courier fees included.

DESCRIPTION ASSUMED

CITY FEE

CONSULTANT FEE
(65% OF CITY FEE)
NOTES
Plan Check
Small/ Medium Site $3,800 $2,470*
Large Site $5,500 $3,575*
Site Inspection
Small/ Medium Site $4,900 $3,185**
Large Site $6,500 $4,225**
Development
Procedure/ General
Support
The fee for this task will be
billed on an hourly basis
according to our current rates.
* Assumes up to 2 rounds of plan check - any additional plan check reviews will be billed on an hourly basis according to our then-current rates.
** Assumes up to 2 night time site inspection visits - any additional site inspection visits will be billed on an hourly basis according to our then-current rates.

CLASSIFICATION RATE
Analyst I $130 - $160
Analyst II $170 - $200
Professional $195 - $230
Senior Professional I $245 - $315
Senior Professional II $320 - $355
Senior Technical Support $115 - $290
Technical Support $105 - $165
Support Staff $85 - $145
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All rates listed above shall include overhead costs including, but not limited to salaries, benefits, Workers Compensation Insurance, office expenses, mileage and courier service. If staff substitutions are necessary, or if staff is promoted, the original rates listed above will still apply.

Annual Escalation. Standard rates increase per year is limited to the Cost-of-Living Adjustment (COLA) as adopted in the City’s budget. All subcontractors shall adhere to this limit to rates increase.

Non-Billable Administrative Overhead
The Consultant will bill only for time spent performing assigned professional work. All other activities associated with carrying out the contract are not billable, and are therefore considered overhead or administrative functions contained within the hourly rate. Typical examples of nonbillable overhead activities are:
• Discussion with staff or applicant about the cost of services or to address billing disputes. • Meetings to discuss work performance, contract or additional services. • Contract administration, such as preparing or discussing contract amendments. • Time spent resolving errors in the event the Consultant is responsible.

EXHIBIT C

INSURANCE LANGUAGE
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Without limiting Consultant’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than 1,000,000 combined single limit for each accident.

Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).

Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

OTHER PROVISIONS OR REQUIREMENTS
Proof of Insurance. Consultant shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of Coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.

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Primary/Noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured.

City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of Contract Provisions (Non Estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of DocuSign Envelope ID: 0B23AB36-5051-44BB-AA2B-A14B678710B6 15 Agreement for Professional Services
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the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

Additional Insured Status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition Of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

Separation of Insureds. A severability of interests’ provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by Consultant (hereinafter collectively “Subcontractor”), provide the same minimum insurance coverage and endorsements required of Consultant under this Agreement. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s Subcontractor cannot comply with this requirement, which proof must be submitted to the City, Consultant may still be able to utilize the Subcontractor provided Consultant shall be required to ensure that its Subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with Subcontractor’s scope of work and services, with limits less than required of the Consultant, but in all other terms consistent with the Consultant’s requirements under this Agreement. This provision does not relieve the Consultant of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Consultant with the ability to utilize a Subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this Agreement given the limited scope of work or services provided by the subcontractor. Consultant agrees that upon request, all agreements with Subcontractors, and others engaged in the project and/or services, will be submitted to City for review.

City’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days’ advance written notice of such change. If such a change results in substantial additional costs to the Consultant, the City and Consultant may renegotiate the Consultant’s compensation.

Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, DocuSign Envelope ID: 0B23AB36-5051-44BB-AA2B-A14B678710B6 16 Agreement for Professional Services
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claim administration, and defense expenses within the retention through confirmation from the underwriter.

Timely Notice Of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance. The consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

DocuSign Envelope ID: 0B23AB36-5051-44BB-AA2B-A14B678710B6 17 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of May 28, 2024, by and between the City of Malibu (hereinafter referred to as the "City"), and Clanton & Associates, Inc. (hereinafter referred to as "Consultant").

The City and the Consultant agree as follows:

R E C I T A L S
A. The City does not have the personnel able and/or available to perform the services required under this Agreement.

B. The City desires to contract out for consulting services for certain projects relating to plan check and inspections for the Malibu Dark Sky Program.

C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, the City and the Consultant agree as follows:

3.0 CITY AGENT. The City Manager, or designee, for the purposes of this Agreement, is the agent for the City; whenever approval or authorization is required, Consultant understands that the City Manager, or his designee, has the authority to provide that approval or authorization.

Attachment 2
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4.1 The Consultant shall submit to the City, by no later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month.

The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.

6.0 GENERAL TERMS AND CONDITIONS.

If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for those services completed in a manner satisfactory to the City.

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6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City.

6.5 Indemnification.

To the fullest extent permitted by law, Consultant shall indemnify and hold harmless City and any and all of its officials, employees, agents, and/or volunteers (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses, including attorney’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this Agreement. Consultant’s duty to indemnify and hold harmless City shall not extend to the City’s sole or active negligence or willful misconduct.

6.5.1. Duty to defend:

In the event the Indemnified Parties, individually or collectively, are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Consultant shall defend the Indemnified Parties at Consultant’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant’s negligent acts, errors or omissions. Payment by City is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and City, as to whether liability arises from the sole or active negligence or willful misconduct of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the Indemnified Parties as solely or actively negligent or to have acted with willful misconduct. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees, and costs of litigation.

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Consultant.

6.7.1. The Consultant shall be an independent contractor and shall have no power to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers or employees shall have any control over the conduct of the Consultant, or any of the Consultant’s employees, except as herein set forth, and the Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servants or employees are in any manner employees of the City, it being distinctly understood that the Consultant is and shall at all times remain to the City a wholly independent contractor and the Consultant's obligations to the City are solely such as are prescribed by this Agreement.

6.8 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant.

6.10 Counterparts. This Agreement may be executed in counterparts and as so executed shall constitute an agreement which shall be binding upon all parties hereto.

6.11 Final Payment Acceptance Constitutes Release. The acceptance by the Consultant of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to the Consultant for anything done, furnished or relating to the Consultant’s work or services. Acceptance of payment shall be any negotiation of the City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of the Consultant, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an 21 Agreement for Professional Services
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assumption of such responsibility or liability by the City for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.

6.15 Mitigation of Damages. In all such situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

6.18 Entire Agreement. This Agreement constitutes the whole agreement between the City and the Consultant, and neither party has made any representations to the other except as expressly contained herein. Neither party, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any changes or modifications to this Agreement must be made in writing and appropriately executed by both the 22 Agreement for Professional Services
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City and the Consultant.

6.19 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

CITY: Steve McClary CONSULTANT: Dane Sanders
City Manager President
City of Malibu Clanton & Associates, Inc.
23825 Stuart Ranch Road 4699 Nautilus Court, Suite 102
Malibu, CA 90265-4861 Boulder, CO 80301
TEL (310) 456-2489 x 226 TEL: (303) 530-7229
FAX (310) 456-2760

7.0 GENERAL TERMS AND CONDITIONS. (City and Consultant initials required at EITHER 7.1 or 7.2)

City Initials ______
Consultant Initials ______

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City Initials ______
Consultant Initials ______
This Agreement is executed on May 28, 2024, at Malibu, California, and effective as of July 1, 2024.

CONSULTANT:
_______________________________
By: DANE SANDERS, President
Clanton & Associates, Inc.

CITY OF MALIBU:
___________________________________
STEVE UHRING, Mayor
ATTEST:
___________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________________
TREVOR RUSIN, Interim City Attorney
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EXHIBIT A

SCOPE OF WORK
Amend the City of Malibu’s existing outdoor lighting ordinance with updated 2024 vocabulary from Dark Sky International and create a corresponding compliance form to streamline the City of Malibu’s application process. The objective will be to simplify the application process, eliminate the need to outsource application review, determine how to bring projects into compliance, determine permit fees, and conduct light trespass calculations. • Streamline the development process including:
o Review and evaluate how the City’s development process could be streamlined for processing Dark Sky applications; provide memo on streamlined development procedure
o Update the City’s applications and forms for Dark Sky; provide procedures for City staff to process Dark Sky applications
o Provide training for City staff as requested by the City o Be available for public meetings on Dark Sky related projects and agenda items o Provide recommendations on deviation requests in the planning phase o Provide recommendations to the City to help improve the Dark Sky Program; provide recommendations on City applications and forms
• Maintain one (1) individual as the contact for all communication with the City. • Respond within one (1) business day to questions from the City. • Accept any and all documents electronically; including utilization of OnBase (records management system) and any additional electronic formats accepted by the City.

Phase 1: Evaluation and Amendment of Existing Dark Sky Ordinance • Review existing ordinance and create amendments (80% draft) based on 2024 Dark Sky vocabulary.
• Virtual review and collection of feedback from City staff and key stakeholders. • Finalize 100% draft of amended outdoor lighting ordinance. • Virtual training for City staff and key stakeholders.

Task Deliverable(s)
2024 City of Malibu Dark Sky Ordinance
City staff training

Phase 2: Evaluation of application process and compliance form creation • Review of current process for City development.
• Review current process for outdoor lighting applications. • Review examples of existing Dark Sky applications.
• Coordination with City staff to determine lighting application format. o Determine if it will be a web form, excel spreadsheet, etc. o City to own and host compliance form.
• Create Dark Sky application compliance form to address the following:
o Identify project criteria from the municipal lighting code to be input on application form.
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o Input of City’s plan check and permit fees.
o Identify how to submit for mixed use applicants.
o Information on form to bring a project into compliance, based on project inputs. o Compliance form will be a living document so it can be updated as needed.

Task Deliverable:

Lighting compliance form for Public Open Space, Residential, and All Other Zoning Districts Phase 3: Education and Outreach – for ease of adoption of compliance forms • Attendance for up to two public meetings, one in-person and one virtual. o In-person Consultant attendance for two staff members • One in-person City Staff Training workshop
• In-person Public Workshop Training
• Video training (to be distributed by City)
Task Deliverable:

City staff compliance form training and materials, public workshop training and materials, video of training.

Phase 4: Optional Services
• In Person Lighting Education for Community/Stakeholders o Trip would be grouped with Phase 3 in-person City Staff Training workshops o Consultant attendance for two staff members
• Virtual City/Staff Lighting Education Session
• Ongoing Professional Review of Deviation Requests (up to ten) 26 Agreement for Professional Services
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EXHIBIT B

Non-Billable Administrative Overhead
The Consultant will bill only for time spent performing assigned professional work. All other activities associated with carrying out the contract are not billable and are therefore considered overhead or administrative functions contained within the hourly rate. Typical examples of nonbillable overhead activities are:
• Discussion with staff or applicant about the cost of services or to address billing disputes. • Meetings to discuss work performance, contract or additional services. • Preparation of invoices and other administrative clerical services. • Contract administration, such as preparing or discussing contract amendments. • Time spent resolving errors in the event the Consultant is responsible. 27 Agreement for Professional Services
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President
Outdoor
Lighting
Specialist
Senior
Designer II Engineer II Engineer I Designer II Designer I $350 $240 $235 $170 $150 $155 $145
1 Project kick-off meeting 2 2 4 0 0 0 2 10 $2,410
Review existing ordiance and draft 80% Dark Sky update 0 16 2 0 0 0 2 20 $4,600 Virtual meetings to collect feedback from city staff and stakeholders 0 8 2 0 0 0 2 12 $2,680 Coordination meetings to relaese 100% draft with city staff 0 4 2 0 0 0 0 6 $1,430 Task 1 Totals 2 30 10 0 0 0 6 48 $11,120
2 Creation of Lighting Ordinance Compliance Form
Review existing ordinance and city development process 0 3 3 3 0 3 3 15 $2,835 Evaluate current Dark Sky lighting application process (including review of existing applications 0 2 2 2 2 0 2 10 $1,880
Determine lighting application format 2 4 8 8 0 0 4 26 $5,480 Coordination with city staff 0 0 20 0 0 0 8 28 $5,860
Three Lighting Ordinance Compliance Forms: Public Open Space, Residential and All Other Zoning Districts 4 8 16 24 36 12 24 124 $21,900 Task 2 Totals 6 17 49 37 38 15 41 203 $37,955
3 Education and Outreach
Attendance for two (2) public meetings, one in person, one virtual (including travel time and preparation for meetings) 0 12 16 0 0 0 8 36 $7,800 Creation of material for training workshops 0 2 8 8 0 0 16 34 $6,040 One in person city staff training workshop 0 8 8 0 0 0 0 16 $3,800 One in person public training workshop 0 8 8 0 0 0 0 16 $3,800 Video training and materials 0 2 4 8 0 0 8 22 $3,940
Task 3 Totals 0 32 44 16 0 0 32 22 $25,380
Total Hours By Staff 8 79 103 53 38 15 79 273
$74,455
$5,000
$500
$79,955
4 Optional Services Under Contract
In Person Lighting Education for Community/Stakeholders. 0 4 8 0 8 16 0 36 $6,520 Virtual City/Staff Lighting Education Session. 0 4 4 0 4 0 4 16 $3,080 Ongoing Professional Review of Deviation Requests, up to ten (10). 0 30 8 0 0 8 0 46 $10,320 Task 4 Totals 0 38 20 0 12 24 4 98 $19,920
Clanton & Associates
City of Malibu Professional Engineering Services
Citywide Dark Sky Hours
per Task Cost per Task
Clanton & Associates Total Cost
Evaluation of Existing Dark Sky Ordinance
Direct Labor Costs:

Travel & Lodging
Other Material Direct Costs
All rates listed above shall include overhead costs including, but not limited to salaries, benefits, Workers Compensation Insurance, office expenses, mileage and courier service. If staff substitutions are necessary, or if staff is promoted, the original rates listed above will still apply. 28 Agreement for Professional Services
Clanton & Associates

Page 12 of 15 ends

EXHIBIT C

INSURANCE LANGUAGE
Without limiting Consultant’s indemnification of City, and prior to commencement of work and/or services under this Agreement, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.

Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation Insurance (statutory limits) and Employer’s Liability insurance (with limits of at least $1,000,000).

Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

Duration of Coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the 29 Agreement for Professional Services
Clanton & Associates

Page 13 of 15 ends

performance of the Work hereunder by Consultant, their agents, representatives, employees, or subconsultants.

Page 14 of 15 ends

Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall have the responsibility of notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal.

Page 15 of 15 ends

Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

Page 1 of 2 ends

Council Agenda Report
To: Mayor Uhring and the Honorable Members of the City Council Prepared by: Cynthia Alba, Executive Assistant
Approved by: Steve McClary, City Manager
Date prepared: May 16, 2024 Meeting date: June 10, 2024 Subject: Increase in Fees for Prosecution and Civil Litigation Services RECOMMENDED ACTION: Authorize the City Manager to execute Amendment No. 3 to the Agreement with Dapeer, Rosenblit & Litvak, LLP to increase the rates from $175/hour to $200/hour for code enforcement services, and from $210/hour to $250/hour civil litigation service, and $185 for paraprofessionals services along with an annual increase of 3% or the increase in the applicable cost of living (COLA) index, whichever is lower.

FISCAL IMPACT: No additional appropriation is required. Funding for this agreement is included in the Adopted Budget for FY 2023-24 and the Proposed Budget for FY 2024- 25 in Account No. 100-7005-5103 (Legal Counsel-Criminal Prosecution). Assuming no unforeseen issues, staff believes that the increased rates will not affect the ability of the vendor to perform all required services within the existing budget.

STRATEGIC PRIORITY: This item is part of the day-to-day operations identified in the Adopted FY 2023-24 Strategic Priority Project List.

DISCUSSION: Since 1998, the City has maintained a contract with Dapeer, Rosenblit & Litvak, LLP, to provide legal services to prosecute municipal code violations.

On February 12, 2007, the City entered into Amendment No. 1 to Agreement with Dapeer Rosenblit & Litvak, LLP to increase the hourly rate to $140 for code enforcement services and $175 for civil litigation.

On September 14, 2014, the City entered into Amendment No. 2 to the Agreement with Attorneys to increase the hourly rate to $175 for code enforcement services and $210 for civil litigation matters.

City Council Meeting
06-10-24
Item

3.B.10
1

Page 2 of 2 ends

Dapeer, Rosenblit & Litvak, LLP is requesting that the rate be increased to $200 per hour for all code enforcement services, $250 for civil litigation services, and $185 for paraprofessionals services along with an annual increase of 3% or the increase in the applicable cost of living (COLA) index, whichever is lower. These proposed new rates are well within the market for lawyers within this area of specialty and their experience.

ATTACHMENTS:

1. Amendment No. 3 to Agreement

2. Letter Requesting an Increase

3. Existing Agreement and Amendment Nos. I and 2
2 65273.00001\42290464.1
AMENDMENT NO. 3 TO AGREEMENT FOR LEGAL SERVICES
THIS AMENDMENT NO. 3 TO AGREEMENT FOR LEGAL SERVICES is made and entered into on June ____, 2024, by and between the CITY OF MALIBU (the “City”), and DAPEER ROSENBLIT & LITVAK, LLP (the “Attorneys”).

R E C I T A L S
A. On September 15, 1998, the City entered into an agreement with Attorneys for legal services related to the enforcement of the Municipal Code, specifically related to code enforcement and special counsel services (this Agreement and the two prior amendments described herein are collectively known as the “Agreement”).

B. On February 12, 2007, the City entered into Amendment No. 1 to the Agreement with Attorneys to increase the hourly rate to $140 for code enforcement services and $175 for civil litigation matters.

C. On September 14, 2014, the City entered into Amendment No. 2 to the Agreement with Attorneys to increase the hourly rate to $175 for code enforcement services and $210 for civil litigation matters.

D. The City and Attorneys desires to amend the Agreement to increase the hourly rates and to implement an annual increase process.

E. The parties hereto desire to further amend the Agreement on the terms and conditions contained herein.

NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

1. Paragraph II(A) – Compensation for Services is hereby replaced to read as follows:

A. Compensation for Services. The City shall compensate Attorneys for services rendered at the following rate: $200 per hour for all code enforcement services, $250 for civil litigation services, and $185 for paraprofessionals services. “Code enforcement services” shall include all office conferences, preparation of documents and court appearances relating to any actual or potential criminal prosecution. “Civil litigation services” shall include only those matters expressly approved in writing in advance by the City Attorney.

Attorneys may bill the City in maximum increments of one-tenth of an hour (.10). All office, travel, trial, deposition and meeting time shall be billed at these rates. Except for reimbursable expenses defined below, such compensation shall be the sole and total remuneration for the services rendered pursuant to this agreement. Notwithstanding this paragraph, Attorneys shall not charge the City for preparation of the report required by Paragraph 1(B) of this Agreement or for the preparation and calculation of the CPI notice described herein.

Effective each July 1st, the hourly fee for services rendered by the Attorneys will be increased by the lesser of three percent (3%) or the change in the Consumer Price Index for All Urban Consumers (CPI-U) for Los Angeles County, as reported by the United States Bureau of Labor Statistics. The CPI-U change shall be equal to the percentage increase between the CPI-U last reported as of March of the prior year and the month of March of the current year. The adjusted rate will be calculated and communicated by the Attachment 1
3 65273.00001\42290464.1
Attorneys to the City at least 45 days prior to the annual July 1 adjustment date. No increase will be permitted unless and until the Attorneys provide written notice of the hourly fee increase and no retroactive fee increases will be approved or permitted. If the CPI data is unavailable, the latest data prior to the month of March data will be used.

2. Remainder of Agreement Unaffected. The parties hereto acknowledge and agree that except as expressly modified hereby, the Agreement remains unmodified and in full force and effect. In the event of any conflict or inconsistency between the terms of this Amendment No. 3 and the Agreement, the terms of this Amendment No. 3 shall control.

This Agreement is executed on June ____, 2024, at Malibu, California, and is effective as of July 1, 2024.

CITY OF MALIBU:
____________________________________
STEVE MCCLARY, City Manager
ATTEST:
____________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
APPROVED AS TO FORM: ATTORNEYS:
_____________________________________ _______________________________________ TREVOR RUSIN, City Attorney By: William Litvak
Dapeer Rosenblit & Litvak LLP
4 DAPEER ROSENBLIT LITVAK LLP
WILLIAM LllVAK*
S1EVEN H. ROSENBUT
KENNETH B. DAPEER
JAMES C . ECKART
PATRICIA H. FITZGERALD
ERIC P. MARKUS
BRANDON A. SANCHEZ

ARIA GU/LANI

JOCELYN CORBETT

GIL MIKALIAN
*MAN.A.GINO PARTNER
March 22, 2024
Steve Mc Clary, City Manager
City of Malibu
23 825 Stuart Ranch Road
Malibu, CA 90265-4861

LAWYERS
Re: Code Enforcement and Special Counsel Services
Dear Mr. McClary,
I I 500 W. OLYMPIC BLVD., SUITE 550
LOS ANGELES, CA 90064- I 5 24
TELEPHONE (31 Ol 477-5575
FACSIMILE (3 I Ol 4 77-7090

WRITER'S EMAIL
[email protected]
Via Mail & Email:

[email protected]
It has been our pleasure to serve the City of Malibu since 1993. We have endeavored to provide the best representation possible and to do so at reasonable rates. These past few years the cost of providing services to our municipal clients has increased exponentially. And, while we have employed cost cutting measures, they have proven insufficient to counter the inflationary pressures on our practice. In order to maintain the quality of services we have provided we have been forced to request an increase in our hourly rates charged to the City.

Not unlike the general business community, inflation over the years has eroded profits and increased expenses for the law firms. Los Angeles has been particularly hard hit given the already high cost of living. This has been an ongoing problem and we have communicated as much to our clients while at the same time trying to maintain our rates. And we succeeded in providing the highest quality service and at the same time absorbing year over year increases in the costs of doing business.

I propose that commencing with the beginning of the 2024/2025 fiscal year we are requesting that our fee be increased to $200 for criminal prosecutions and $250 for all other services and, a paraprofessional rate for all matters of $185, which will permit the use of less expensive staff to address assignments that do not require an attorney. We also request annual increase of 3% or the increase in applicable cost of living (COLA) index, whichever is lower. This will allow us to maintain the quality of our services without the need for further increase requests.

The existing rates of $17 5 for criminal prosecutions and $210 for other services have been in place for the past 10 years, since 2014, without increase or adjustment. The proposed rates while Attachment 2
5 DAPEER, ROSENBLIT & LITVAK LLP
Steve McClary, City Manager
March 22, 2024

Page 2 ends

higher than existing rates are still lower than our rates for new clients and are less than the cumulative COLA index increases since 2014.

Please let me know when you are available to discuss this matter.

Very truly yours,
DAPEE
6 AMENDMENT NO. 2 TO AGREEMENT
THIS AMENDMENT NO. 2 TO AGREEMENT is made and entered in the City of Malibu on this ~ day of September, 2014, by and between the CITY OF MALIBU, hereinafter referred to as City, and Dapeer Rosenblit & Litvak, LLP, hereinafter referred to as Attorneys.

The City and the Attorneys agree as follows:

RECITALS
A. On September 15, 1998, the City entered into an Agreement with Attorneys for legal services related to enforcement of the Municipal Code (the “Agreement”).

B. On February 12, 2007, the City entered into Amendment No. 1 to Agreement with Dapeer Rosenblit & Litvak, LLP to increase the hourly rate to $140 for code enforcement services and $175 for civil litigation.

C. The City and the Attorneys desire to continue that Agreement with this amendment.

D. The City and the Attorneys desire to amend the Agreement to increase the hourly rate to $175 for code enforcement services and $210 for civil litigation.

NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

1. Paragraph 11(A) — Compensation for Services, of the Agreement, is hereby amended to read as follows:

A. Compensation for Services. The City shall compensate Attorneys for services rendered at the following rate: $175 per hour for all code enforcement services and $210 for civil litigation services. “Code enforcement services” shall include all office conferences, preparation of documents and court appearances relating to any actual or potential criminal prosecution. “Civil litigation services” shall include only those matters expressly approved in writing in advance by the City Attorney. Attorneys may bill the City in maximum increments of one-tenth of an hour (.10). All office, travel, trial, deposition and meeting time shall be billed at these rates. Except for reimbursable expenses defined below, such compensation shall be the sole and total remuneration for the services rendered pursuant to this agreement. Notwithstanding this paragraph, Attorneys shall not charge the City for preparation of the report required by Paragraph 1(B) of this Agreement.

2. All terms and conditions of the Agreement not amended by this Amendment No.2 remain in full force and effect.

This Agreement is executed on this ~i~day of S~ø~~2oi4, at Malibu, California, and effective as of September 1, 2014.

CITY OF MALIBU:

J5~’f TH9R~’SEN, City Manager
ATTEST: /
~ ___
LISA POPE, City Cle~
(seal) Attachment 3
7 Amendment No. 2 to Agreement
Dapeer Rosenblit and Litvak

Page 2 of 2 ends

APPROVED AS TO FORM: ATTORNEYS:

CHRISTI HOGIN, c~it~ Attorney Steven . Ro~b1it, Esq.

Dapeer Rosenblit & Litvak LLP
8 Council Agenda Report
Mayor Peak and the Honorable Members of the City Council Prepared by: Christi Hogin, City Attorney ~
Date prepared: August 20, 2014 Meeting date: September 8, 2014 Subject: Increase in Fees for Prosecution and Civil Litigation Services RECOMMENDED ACTION: Authorize the City Manager to execute Amendment No. 2 to Agreement with Dapeer, Rosenbllt & Litvak, LLP to increase the rates from $140/hour to $175/hour for code enforcement services, and from $175/hour to $210/hourcivil litigation services.

FISCAL IMPACT: Assuming no unforeseen issues, staff believes that the increased rates will not effect the ability of the vendor to perform all required services within the existing budget:

DISCUSSION: Since 1998, the City has maintained a contract with Dapeer, Rosenblit & Litvak, LLP, to provide legal services to prosecute municipal code violations. Since 2007, the current hourly rate is $140/hour. This rate has not changed, although expenses have increased since 2007. Steve Rosenblit is requesting that the rate be increased to $175/hour for code-enforcement related services and $210/hour for civil litigation. These proposed new rates are well within the market for lawyers within this area of specialty and of their experience.

ATTACHMENTS: 1) Amendment No. 2 to Agreement
2) Letter requesting increase
3) Existing Agreement and Amendment No. I

Page 1 ends

To:

City Council Meeting
09-08-14
Item

3.B.7.
9 Agenda Item # 3.B.7.

AMENDMENT NO~ 2 TO AGREEMENT
THIS AMENDMENT NO. 2 TO AGREEMENT is made and entered in the City of Malibu on this 8k” day of September, 2014, by and between the CITY OF MALIBU, hereinafter referred to as City, and Dapeer Roseablit & Lilvak, LLP, hereinafter referred to as Attorneys.

The City and the Attorneys agree as follows:

RECITALS
A. On September 15, 1998, the City entered into an Agreement with Attorneys for legal services related to enforcement of the Municipal Code (the “Agreement”).

B. On February 12, 2007, the City entered into Amendment No. I to Agreement with Dapeer Rosenblit & Litvak, LLP to increase the hourly rate to $140 for code enforcement services and $175 for civil litigation.

C. The City and the Attorneys desire to continue that Agreement with this amendment.

D. The City and the Attorneys desire to amend the Agreement to increase the hourly rate to $175 for code enforcement services and $210 for civil litigation.

NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

I. Paragraph 11(A) — Compensation for Services, of the Agreement, is hereby amended to read as follows:

A. Compensation for Services. The City shall compensate Attorneys for services rendered at the following rate: $175 per hour for all code enforcement services and $210 for civil litigation services. “Code enforcement services” shall include aLl office conferences, preparation of documents and court appearances relating to any actual or potential criminal prosecution. “Civil litigation services” shall include only those matters expressly approved in writing in advance by the City Attorney. Attorneys may bill the City in maximum increments of one-tenth of an hour (.10). All office, travel, trial, deposition and meeting time shall be billed at these rates. Except for reimbursable expenses defined below, such compensation shall be the sole and total remuneration for the services rendered pursuant to this agreement. Notwithstanding this paragraph, Attorneys shall not charge the City for preparation of the report required by Paragraph 1(B) of this Agreement.

2. All terms and conditions of the Agreement not amended by this Amendment No. 2 remain in full force and effect.

This Agreement is executed on this —day of ___________. 2014, at Malibu, California, and effective as of September 1, 2014.

CITY OF MALIBU:

JIM THORSEN, City Manager
ATTEST:

LISA POPE, City Clerk
(seal)
10 ATFORNEYS:
• Amendment No.2 to Agreement
Dapeer l?osenbli: andLilvak

Page 2 of 2 ends

~~en.~os1k, Esq.

Dapeer Rosenblit & Litvak LLP
City Attorney
11 LAW OFFICES
DAPEER, R0SENBLrr & LI-rvAK, LLP
STEVEN H. ROSENBL~I
KENNETh B. DAPEER
WILUAM LflVAK
JAMES C. ECKART

ANITA ZUCKERMAN
PAWICIA H. FITZGERALD

NORMA COPADO-WELLS
CAROUNE K. CAS11LLO
CHARLENE J. WG~DER

GILBERT MIKALIAN
ERIC P. MARKUS

STEPHEN NIRENBERG

JESSICA BALADY
PLEASE DIRECT MAIL TO:

DRL MAIL CENTER
POST OFFICE BOX 2067
HUNT1NIITON PARK, CA 902 S5-3099

WRITERS EMAIL
[email protected]
METROPOLIFAN CIflES OFFICE
P.O. Box 2067
2770 E. SLAUSON AVENUE
HUNflNGTON PARK, CA 90255-3099
TELEPHONE (323) 587-5 22
FACSIMILE 1323) 557-4 190

WEST LOS ANGELES OFFICE
500W. OLYMPIC BLVD., SUITE 550
LOS ANGELES, CA 90064-1524
TELEPHONE 13 0) 477-S575
FACSIMILE (310) 477-7090
July 17, 2014
Christi Hogin, City Attorney
City of Malibu
Via Email: CHogin(~1ocalgov1aw.com
Re: Request for Increase
Dear Ms. Hogin:

Our rate for code enforcement services has remained at $140.00 an hour since March 2007. Our operating costs have substantially increased in the last seven years.

Our thirty-plus years of expertise and experience enable us to provide staff with excellent advice. We also provide the city with superb service.

Our rate for new clients is $185.00. We are proposing a lower rate because we appreciate and greatly value our relationship with the city.

We are requesting an increase of $35.00 an hour to $175.00 an hour for code enforcement services, effective August 1, 2014. For administrative or civil injunctive matters, we are requesting an increase from our current rate of $175.00 to $210.00. We charge other clients $225.00 an hour for such services.

Thank you for considering this request.

Sincerely,
Steven H. Rosenblit
12 AGREEMENT FOR LEGAL SERVICES
This agreement made and entered into this l5~’ day of September 1998, by and between the City ofMalibu, a municipal corporation (“City”), and Dapeer Rosenblit & Litvak, LLP (“Attorneys”), Services. Attorneys agree to perform the following services for the City:

A. Complete the following tasks:

1. Prosecute municipal code violations under the supervision ofthe City Attorney.

2. Provide other legal and consultative services as requested by the City Attorney.

B. Provide written monthly progress reports describing in detail what work has been completed to date and setting forth all necessary information to monitor the progress and effectiveness ofthe work.

II. Payment/Budget.

A. Compensation for Services. The City shall compensate Attorneys for services rendered at the following rate: $110 per hour. Attorneys may bill the City in minimum increments of one-tenth of an hour (.10). All office, travel, trial, deposition and meeting time shall be bified at this rate. Except for reimbursable expenses defined below, such compensation shall be the sole and total remuneration for the services rendered pursuant to this agreement.

B. Reimbursement ofExpenses The City will reimburse actual, reasonable and necessary out-of-pocket expenses incurred by Attorneys in performing the services under this agreement as follows:

1. Actual long distance telephone charges

2. Photocopying at no more than $0.15 per page

3. Telecopying charges at no more than $1.00 per page

4. Computerized legal research at the actual amount charged to Attorneys

5. Statutory fees, witness fees, reporters’ per diem, stenographic transcriptions, jury fees and the cost of serving process
To obtain reimbursement, Attorneys will submit a summary of these expenses, along with. supporting receipts, within 30 days of the expense being incurred.

C. Expert consultations and witnesses Expert consultations and witnesses may be retained by Attorneys on terms acceptable to the City, approved in advance, in which case the City shall reimburse Attorneys for money paid to consultants or experts directly.

Rosenblit.K2
13 r -,
Dapeer Rosenblit & Litvak, LLP
Agreement for Legal Services

Page 2 ends

ifi. Attorneys’ staffjpg.

A. Staffing. Attorneys agree all services required under this agreement will be performed or supervised by Steve Rosenblit.

Any change in the individuals used by Attorneys to provide the services required of Attorneys under this agreement is subject to the prior written approval ofthe City. -B-. independent -Contractor. Attorneys, and anyone employed- by Attorneys, are not and shall not be deemed to be employees of the City. Attorneys are solely responsible for the payment of employment taxes, workers’ compensation and any similar taxes for any employees.

C. Conflict of Interest. Attorneys represents that it presently has no material financial interest other than that that may be held by the general public and shall not acquire any interest, direct or indirect, in any contract or decision made on behalf ofthe City which may be affected by the services to be performed by-Attorneys under this Agreement. Attorneys further agree that in performance ofthis Agreement, no person having any such interest shall be employed by it. IfAttorneys orits employees acquire a direct or indirect personal interest, such interest shall be immediately disclosed to the City and the interested individual shall abstain itself from any contracts or decisions under this Agreement.

In addition to the proscriptions regarding conflicts ofinterests imposed on attorneys by the Business and Professions Code and the Rules ofProfessional Conduct, particularly Rule 3- 310, Attorneys agree that no members ofAttorneys’ firm shall appear on behalfof any other client before any board, commission, committee or agency ofthe City or represent any client adverse to the City for a period of one year from the date of termination of attorney’s employment.

D. Nondiscrimination. In the performance of this Agreement, Attorneys shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national original, sexual orientation or medical condition. Attorneys shall take affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, national original, sexual orientation or medical condition. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates ofpay or other forms of compensation, and selection for training.

Rosenblit.K2
14 Dapeer Rosenblit & Litvak, LLP
Agreement for Legal Services
Page3
IV. All legal files ofAttorneys pertaining to the City shall be and remain the property of the City. Attorneys will control the physical location of such legal files during the term of this agreement and shall be entitled to retain copies of such files upon termination of this agreement.

V. City Agent. The City Attorney, for the purposes ofthis agreement, is the agent for the City; whenever approval or authorization is required, Attorneys understand that the City Attorney has the authority to provide that approval or authorization.

VI. Indemnification. Attorneys agree to hold harmless, indemnify and defend the City, its employees, agents and affiliates, for any and all loss or liability of any nature whatsoever arising out of or in any way connected with Attorneys’ performance of this agreement, including loss or liability caused by the City’s. negligence, except loss or liability caused by the City’s sole willful conduct or active negligence.

VII. Termination. The City may terminate this agreement with or without cause and without notice. Attorneys may terminate this agreement with or without cause upon 30 days written notice.

VIII. Notice. Any notices under this agreement by either party to the other may be given by either personal delivery in writing or by mail. Notices must be delivered or mailed to the following:

To the City: Christi Hogin
City Attorney
23555 Civic Center Way
Malibu, California 90265
To Attorneys: Steven Rosenblit, Esq.

Dapeer Rosenblit & Litvak, LLP
2770 E. Slauson Avenue
Huntington Park, California 90255-3 099
IX. Resolution ofFee Disputes. The City is entitled to require that any fee dispute be resolved by binding arbitration in Los Angeles pursuant to the arbitration rules of the Los Angeles County Bar Association for legal fee disputes. In the event that City Chooses not to utilize the Los Angeles County Bar Association’s arbitration procedures, City agrees that all disputes regarding the professional services rendered or fees charged by Attorneys shall be submitted to binding arbitration in Los Angeles to be conducted by the American Arbitration Association in accordance with its commercial arbitration rules.

Rosenblit.K2
15 Dapeer Rosenblit & Litvak, LLP
Agreement for Legal Services
Page4
X. Entire Agreement of the Parties. This agreement represents the partiest final and mutual understanding. It replaces and supersedes any prior agreements, whether oral or written.

XE. Modifications. This agreement may not be modified or replaced except by another signed, written agreement. -
XII. Attorneys’ Fees. If a party brings any action, including an action for declaratory relief; to enforce or interpret the provisions of this agreement, the prevailing party is entitled to reasonable attorneys’ feesin addition to-any other reliefto which that party may be entitled~ Such fees may be set by the court in the same action or in a separate action brought for that purpose.

Executed at Malibu, California.

Dated: CITY OF MALIBU
By___________
MAYOR
ATTEST: V
Executed~California.

DAPEER, ROSENELIT & LITVAK, LLP
Byj~~~1

STEVEN ROS NBLIT
Dated:Af~fl~4~)y/~’
Rosenblit.K2
16 AM~NDMTLNT NO.1 TO AGREEMENT
rms AMENDMENT NO 1 TO AGREBM~NT is made and entered Into on thIs 12th thy of ~ 2O074~by and bet~en the CflT OF MALJBU,he~ after t~øi~t to Cit~n4 Dapeci~ Rvs~ it ~ Lttvalc LLP, hereinafterr~fened to as Attorneys, w1TNrAssETR~
~1RREAS, op~ September 15, 199~, the City entered into ~i Agreezn~t ~dth Contractor for legal servio~’ related to ethrcemant ofthe Municipal Code C’tho AgreemenV~;, and VHERBAS1 th~ City and the Attomeys desire to confinue thai Agreement with ibis amendment; a~d
AS,iIz&C~ty and Attonieysdesireto amend the A~reemeut to mr~reasc the hoi~rly rat to $140 f code enforcement sei~ices.and $175 fo~ civil litigation. ~TOW ~k~OR)3~ In considerà~on øf their mutual promises~ obligations and covenants coiltalt ~d In the Agreement and all amendmentg. thereto, the parties hereto agree that Paragraph II A is smend Ito read as thilows:
~. Compensation for Services. The City shall compensate Attorneys for vices rendered • tt the following rate: $140 per hotir for all code enf’orcemezxt sexvices and $l7~ forotv~1 litigation arvipes~ ~Code ~nforcenient services’~ shall Inciude all office conferences, prepa~tion of locumeuts and ctmrt ~iearances relating ‘in any actual or potential ennunal proseenticin. ~Ctvil itigation services” shall include only those matters expressly approved in writing in advance by lieCityAttorueAeye~ñayWNlie Cityinn ~ 1ncrementsof~4cuthofauhour. • .10). All o~ee~ t~ave1, ~positio~ d: et~g time shell be billed at these rates. Th~cept fo~ ehubu~bte expenses defIned below, such c peselion shall be the sole and total rexx~uneration & the aer~rices rendered pursuant to this agr~ntaent. Notwithstaiidh~ this paragra~ Attorneys hail not charge the C&ty foi~ prapafatfon of the report rcqu~ted by Paragrepb 1(B) of this ~greement.

All other tc~ms and ~canditions ofthe Agreement remain in full force and efi~ct This .~ endineut No. 1 to A reement I~ executed on thIs 12th dey of Febru~xy 2007, at Malibu, Califoz ia~ and cff~ot1ve March 1, 2007..

Cfl~ OF MALIBU
LiSA 1 >PE, City Cledc
seal) ATfOR~Y~g~_-~
r<t ~ED AS TO ~ORM: _________________
‘By:
17 Malibu City Council
Minutes of January 23, 2012

Page 12 of 19 ends

electronic documents would be acceptable. He indicated support for moving forward.

Councilmember Conley Ulich asked why the City was not studying the project and obtaining an independent review. She asked what happened in the last nine months to get Councilmember Sibert to want the independent review.

Councilmember Sibert stated there was a campaign in the last month with misstatements from all sides. He stated he did not want to make a decision based on hearsay, but rather on scientific facts. Councilniember Conley Ulich stated the first element of science was observation. She stated wildlife could be observed at the Lagoon. She stated Councilmember Sibert was on the Santa Monica Bay Restoration Commission that supported the Lagoon project. She questioned transparency and fimding of the project. She stated the project needed to be stopped. She stated she would support the independent study, but not by NOAA because they were on the Santa Monica Bay Restoration Commission. She stated the review needed to be completed in 30 to 45 days and back before Council by March 12, 2012.

Mayor Pro Tern La Monte stated he did not have enough scientific infonnation to make a decision.

Councilmember Wagner indicated support for an independent review with a quick turnaround.

Mayor Rosenthal stated the consultant had not been determined. She stated she wanted the scientific information prior to making a decision on the project. She stated she wanted an outside consultant to provide a scientific opinion. She encouraged both sides to provide names for an outside consultant. She stated information was necessary for informed decisions.

MOTION Councilmember Sibert moved and Councilmember Wagner seconded a motion to:
1) authorize the City Manager to seek independent review of the Malibu Lagoon Restoration Project; and 2) allocate up to $25,000 from the General Fund Undesignated Reserve to Account Number 100-7003-5100 for costs related to the review.

Councilmember Conley Ulich suggested all information submitted be posted on the City’s website.

The question was called and the motion carried unanimously.

ITEM 3..B.9. Consideration ofProposals for Prosecution Services Staff recommendation: 1) Continue the practice of the City Attorney and City Manager assigning prosecution matters based on consideration of expertise, availability, cost and any relevant case-specific factors; and 2) authorize the City 18 Malibu City Council
Minutes of January 23, 2012

Page 13 ends

Manager to execute Amendment No. 1 to Agreement with Dapeer Rosenblitt & Litvak, LLP to reflect increased hourly rates to $175.

Charles Green, Green, deBortnowsky & Quintanella, LLP, explained the location ofhis offices and discussed his finn’s qualifications.

Ryan Embree stated the Council had directed staff to put together a matrix outlining what other cities paid for similar legal services and to send out an RFP.

He stated there had been a l4~year exclusive agreement with Dapeer, Rosenblitt & Litvak. He stated the conipetitive proposal from Green, deBortnowsky & Quintanella, LLP was at a lower rate. He expressed concern about the bonuses included for settlements.

Councilmember Conley Ulich indicted support for Green, deBortnowsky & Quintanella, LLP.

City Attorney Hogin explained efforts to obtain compliance of code enforcement uses. She stated staff was not recommending the Council pick amongst the firms.

She explained the amendment to the Dapeer agreement. She stated staff was not asking to enter into an exclusive agreement.

In response to Councilmember Conley Ulich, City Attorney Hogin explained the rates.

Councilmember Wagner stated he called Green, deBortnowsky & Quintanella, LLP because he would rather keep business within the Council of Governments (COG) cities. He suggested trying another firm to keep equity in the market.

In response to Councilmember Wagner, Assistant City Manager Feldman stated the adopted budget included $35,000 for prosecution services.

Mayor Pro Tern La Monte stated Dapeer was currently paid $140 per hour. City Attorney Hogin stated staff was recommending an increase to $175.

City Attorney Hogin stated the contract amendment was not an award for all prosecution services. She stated staff intended to create a bullpen of firms.

Councilmember Conley Ulich suggested the Council not approve the amendment.

City Attorney Hogin stated she felt that would be a mistake.

Councihuember Sibert stated he was not a fan of paying a lot for attorheys. City Attorney Hogin stated the bottom line was not driven by the hourly rate, but rather by overall efficiency and experience. She stated the Council had provided a budget which determined how many cases could be brought to prosecution. 19 Malibu City Council
Minutes of January 23,2012

Page 14 of 19 ends

Councilmember Sibert suggested considering the prosecution budget at the January 25, 2012 Council meeting.

In response to Councilmember Sibert, Mr. Green stated he had previously worked for Calabasas but did not do work for the COG cities. He stated his rate was predicated on being the sole source and he would have to reconsider if bulipenned.

Councilmember Sibert stated the budget should be considered.

City Attorney Hogin stated it was a good idea to use local firms and a diverse group of attorneys and a bullpen was a good idea. She recommended approving the contract amendment and use other lawyers when available.

In response to Mayor Rosenthal, City Attorney Hogin stated it was advantageous to know the Municipal Code, but it would not be detrimental to not fully know it MOTION Councilmember Conley Ulich moved and Councilmember Wagner seconded a motion to: 1) continue the practice of the City Attorney and City Manager assigning prosecution matters based on consideration of expertise, availability, cost and any relevant case-specific factors; and 2) not approve Amendment No. 1 to Agreement with Dapeer Rosenblitt & Litvak, LLP to reflect increased hourly rates to $175.

In response to Mayor Rosenthal, City Attorney Hogin stated ifthe motion carried, the rate would remain at $140 and $175.

Mayor Pro Tern La Monte asked if Mr. Green could rethink his proposal by January 25, 2012, and email the City Manager.

The question was called and the motion carried unanimously.

RECESS Mayor Rosenthal called a recess at 10:20 p.m. The meeting reconvened at 10:27 p.m. with all Councilmembers present.

ITEM 4 ORDINANCES AN]) PUBLIC hEARiNGS
A. Award of Community Development Block Grants for Fiscal Year 2012-13 Staff recommendation: 1) Conduct a public hearing; 2) Award $10,358 in Community Development Block Grant (CDBG) funds to the Malibu Community Day Labor Exchange Program; and 3) Adopt Resolution No. 12-04 authorizing and approving the Fiscal Year 2012-13 Community Development Block Grant Program funding for the City of Malibu.

Assistant City Manager Feldman presented the staffreport. 20 3) Council Agenda Report
Mayor Rosenthal and the Honorable Members of the City Council Prepared by: Christi Hogin, City Attorney
Jim Thorsen, City Manage~
Date prepared: January 12, 2012 Meeting date: January 23, 2012 Subject: Consideration of Proposals for Prosecution Services RECOMMENDED ACTION: 1) Continue the practice of the City Attorney and City Manager assigning prosecution matters based on consideration of expertise, availability, cost and any relevant case-specific factors; and 2) authorize the City Manager to execute Amendment No. 1 to Agreement with Dapeer Rosenblitt & Litvak, LLP to reflect increased hourly rates to $175.

FISCAL IMPACT: Cost of services is anticipated to be within the allocated budget for prosecutions within the City Attorney budget and any unanticipated expenses would be brought to the City Council’s attention for budget adjustment.

DISCUSSION: Criminal prosecution is the end of the road of code enforcement efforts.

The City’s goal in code enforcement is to obtain code compliance. A series of efforts including notices, informational meetings, and more formal office conferences precede the decision to file a criminal prosecution. The Malibu Municipal Code assigns to the City Attorney the responsibility for representing the City and serving as City Prosecutor:

2.16.020 City attorney.

The city council shall appoint a city attorney who shall render legal advice to the city council, all city officers and departments, and city boards and commissions; serve as city prosecutor; and represent the city before all courts and administrative agencies. (Ord, 156 § 7, 1997: prior code § 2502) The function of the City Prosecutor involves exercising independent judgment regarding whether a criminal prosecution should be filed to enforce the Municipal Code. Criminal prosecution is brought on behalf of the People of the State of California. The City Council does not direct criminal prosecutions. The City Council enacts the laws but does

Page 1 of 6 ends

To:

City Council Meeting
01-23-12
Item

3.B.9.

Agenda Item # 3.B.9.
21 not decide against whom to enforce those laws. That function is reserved to the dispassionate judgment of a lawyer evaluating whether the evidence is sufficient to prove a violation beyond a reasonable doubt For the first six years of cityhood, criminal prosecutions were handled by the city attorney’s office through the law firm Richards Watson & Gershon. After the City Attorney was brought in-house (1994— 1999), the City Attorney delegated various cases to different law firms through contracts with the City.

Since 1998, the City has maintained a contract with Dapeer, Rosenblitt & Litvak, LLP, to provide legal services to prosecute municipal code violations. Most prosecutions and code enforcement efforts have been handled by the Dapeer firm or the City Attorney’s Office. Occasionally, a case has been assigned to another firm where there has been a conflict.

Dapeer Rosenblitt & Litvak, LLP’s current hourly rate is $140/hour for codeenforcement related services and $1 75/hour for civil litigation. It has not changed in several years. Last Summer, the Dapeer firm asked the City for an increase in the hourly rate, which by that time had fallen below rates of comparable attorneys doing the same type of work. In response to the Dapeer firm’s fee increase request, to gain information about the market, the City Council requested that the City issue a Request for Proposals (“REP”) soliciting proposals for the performance of code prosecution services. The City Manager and the City Attorney have carefully reviewed the proposals. As is often the case with professional services, it is difficult to compare firms as so much of the value of a professional is with the individuals who actually provide the services. While analyzing the proposals, special attention was paid to cost, geography and relevant experience. Six proposals were received, and they are summarized below, in alphabetical order.

Best, Best & Krieqer (BB&K)
BB&K is a full service municipal law firm with offices throughout the State The firm proposes a team of two lawyers, one with five years’ legal experience (assigned to the Orange County office) and the other with two years of experience (assigned to the downtown Los Angeles office). Both have experience handling municipal code prosecution; the junior lawyer is proposed to make court appearances because she lives closer. Hourly rates are proposed at $195/hr for lawyers and $130/hr for paralegals.

BB&K offers depth in the municipal field and extensive experience with municipal code prosecution.

Burke, Williams & Sorensen (BW&S)
BW&S is a full service municipal law firm with offices throughout the State. The firm proposes a team of three lawyers and two paralegals to serve the City. The principal team member has practiced law for roughly 16 years, has extensive prosecution experience and offices in the firm’s Orange County office. The other team members are Page2of6
Agenda Item # 3.B.9.
22 also fairly senior lawyers and appear to office in the firm’s downtown Los Angeles office.

Hourly rates are proposed at $200/hr. for pre-litigation and $225/hr. for litigation, and $135 for paralegals. BB&K also offers depth in the municipal field and extensive experience with municipal code prosecution.

Dapeer, Rosenblitt & Litvak, LLP (DP&L)
DP&L has a longstanding specialty in municipal code prosecution and extensive array of city clients for whom it performs this service. The firm’s lawyers operate out of offices in West Los Angeles and Huntington Park; the firm provides prosecution services to over 27 cities. DR&L proposes an hourly rate of $1 75/hr. for prosecution services, and $225 for other services. The firm’s lawyers have extensive experience in all aspects of code enforcement. DP&L also offers the significant advantage of many years of successful work on behalf of the City.

Dimalanta Clark, LLP (DC)
DC is a litigation boutique with experience representing public agencies in a variety of types of litigation. The firm has four offices in California, the closest to Malibu is in Santa Ana. The proposal includes the resumes of four lawyers, but does not indicate which are being proposed to perform the services. DC proposes hourly rates of $155/hr. for partners, $145/hr. for associates, and $85/hr. for paralegals. The firm has no discernable municipal code prosecution practice.

Green, .deBortnowsky & Quintanella,LLP (GD&Q)
GD&Q is a boutique municipal law firm with offices in
The firm principally practices in the Inland Empire. The prosecutorial experience office in the Cathedral City
proposal which lawyers would be assigned to the City.
$130 for senior attorneys, $120 for junior attorneys and Calabasas and Cathedral City.
lawyers with the most extensive
office. It is not clear from the
GD&Q proposes hourly rates of
$90 for paralegals.

Jones & Mayer (J&D)
J&M is a full service municipal law firm based in Fullerton. experience providing prosecution services to roughly fifteen hourly rate of $165 for its services.

The firm has extensive
cities. J&M proposes the
The following factors would be relevant considerations in evaluating the proposers:

Experience: Five of the firms demonstrate extensive experience and knowledge of code prosecution. Dimalanta Clark has no discernable experience. A key consideration is the experience of the specific individuals assigned to the City — BB&K’s team has the least

Page 3 ends

Agenda Item # 3.B.9.
23 years’ experience practicing law but appear to have handled many cases; BW&S, J&M and DP&L propose teams with extensive experience. GD&Q does not propose a specific team, but the firm has lawyers with sufficient experience to perform the services.

Proximity: The lawyers from DP&L are most conveniently located to the City. The senior member of the teams from BB&K and BW&S office in Orange County, as do the lawyers from J&M and DC. GD&Q’s practice is centered in the Inland Empire; it is unclear if any of the lawyers with prosecution experience operate from the Calabasas office.

Price: Hourly rates for the proposed lawyers range from a low of $130 to a high of $225 for criminal litigation services. -
With these evaluations in mind, the City Manager and the City Attorney believe that they can continue to work together to assure that the City receive excellent services at competitive rates and within the allocated budget, For that reason, they recommend that the City Council approve DR&L rate increase, which is long over-due and justified by the information contained I the proposals responding to the REP and recommend that the City continue to assign cases to qualified firms based on the needs of individual cases, which has worked successfully until now. The firms that submitted proposals will be kept on file for assignment as appropriate.

The proposals are available in the City Clerk’s Office.

ATTACHMENTS: Dapeer Amendment No. 1 to Agreement
Page4of6
Agenda Item # 3.B.9.
24 AMENDMENT NO. 1 TO AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT is made and entered into on this 23r(1 day of January, 2012, by and between the CITY OF MALIBU, herein after referred to as City, and Dapeer Rosenblit & Litvak, LLP, hereinafter referred to as Attorneys.

The City and the Contractor agree as follows:

RECITALS
A. On September 15, 1998, the City entered into an Agreement with Contractor for legal services related to enforcement of the Municipal Code (“the Agreement”).

B. The City and the Attorneys desire to continue that Agreement with this amendment.

C. The City and Attorneys desire to amend the Agreement to increase the hourly rate to $140 for code enforcement services and $175 for civil litigation.

NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

A. Compensation for Services. The City shall compensate Attorneys for services rendered at the following rate: $140 per hour for all code enforcement services and $175 for civil litigation services. “Code enforcement services” shall include all office conferences, preparation of documents and court appearances relating to any actual or potential criminal prosecution. “Civil litigation services” shall include only those matters expressly approved in writing in advance by the City Attorney. Attorneys may bill the City in maximum increments of one-tenth of an hour (.10). All office, travel, trial, deposition and meeting time shall be billed at these rates. Except for reimbursable expenses defined below, such compensation shall be the sole and total remuneration for the services rendered pursuant to this agreement. Notwithstanding this paragraph, Attorneys shall not charge the City for preparation of the report required by Paragraph 1(B) of this Agreement.

Page 5 of 6 ends

25 @l/~8/25l2 5~:47 3l~B438441 JENKINS & HOGIN LLP f-~±. Ubl~b B. Mi other terms and conditions of the Agreement remain infiffi force and effect.

This Agreement is executed on this day of______ 20I2~ at Malibu, California, and effective as of isnuary 23,2012.

CITY OF MALIBU
JIM THORSEN, City Manager
AITEST:

LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM: CONTRACTOR
i~i ~q*-~ _________
c~1sti HOG]N, City(A.ttome~ By: Steve Rosenblitt, Esq~
Dapeer Roseiiblitt & Litvak, LLP
Page6of6
26 Desiree Jimenez
From: Lisa Pope
Sent: Tuesday, August 02, 2011 8:21 AM
To: Patricia Salazar
Cc: Desiree Jimenez
Subject: RE: Amendment No. 2 to Dapeer agreement
Ah ha. Thanks.

Lisa Pope, MMC
City Clerk, City of Malibu
City Hall Has Moved!
23825 Stuart Ranch Road
Malibu, CA 90265
310-456-2489, ext. 228
fax 310-456-2760
[email protected]
From: Patricia Salazar
Sent: Tuesday, August 02, 2011 8:21 AM
To: Lisa Pope
Cc: Desiree Jimenez
Subject: RE: Amendment No. 2 to Dapeer agreement
On May 24, 2010, the Council approved the following motion:

Councilmember Conley Ulich moved and Councilmember Rosenthal seconded a motion to direct staff to bring back an RFP for legal Prosecution Services.

They did not approve Amendment No. 2 the agreement which was to increase Dapeer’s fees.

From: Lisa Pope
Sent: Tuesday, August 02, 2011 8:17 AM
To: Patricia Salazar
Cc: Desiree Jimenez
Subject: Amendment No. 2 to Dapeer agreement
Do you have a fully executed copy of Amendment No. 2? We only have the staff report in our file.

Lisa Pope, MMC
City Clerk, City of Malibu
City Hall Has Moved!
23825 Stuart Ranch Road
Malibu, CA 90265
310-456-2489, ext. 228
fax 310-456-2760
[email protected]
1 27
Malibu City Council
Minutes of May 24, 2010

Page 7 of 18 ends

4. Vacation of a Portion of Rambla Pacifico Road — Initiation of Proceedings
Staff recommendation: Adopt Resolution No. 10-23 initiating proceedings to vacate a portion of Rambla Pacifico Road and setting the date, time and place for a required Public Hearing as June 28, 2010 at 6:30 p.m., in the Council Chambers at 23815 Stuart Ranch Road.

5. Memorandum of Agreement between the City of Los Angeles and City of Malibu for Santa Monica Bay Dry and Wet Weather Bacteria Total Maximum Daily Loads (TMDL) Shoreline Water Quality Monit~j~g
Staff recommendation: Authorize the City Manager to execute a Memorandum of Agreement (MOA) with the City of Los Angeles to conduct shoreline water quality monitoring as part of the coordinated monitoring plan approved by the Regional Water Quality Control Board (RWQCB) for the Santa Monica Bay
Beaches Bacteria TMDL.

6. Broad Beach Road Underground Utilities Assessment District No. 2010-1 Agreements
Staff recommendation: Authorize the City Manager to negotiate and execute agreements with Southern California Edison, Charter Communications and Verizon to pay and provide for the
undergrounding of utilities along Broad Beach Road.

7. Professional Services Agreement with ArborPro, Inc. for Professional Tree Maintenance and Assessment Services
Staff recommendation: Authorize the City Manager to negotiate and execute a professional services agreement with ArborPro, Inc. in an amount not to exceed $40,000 for professional tree maintenance and assessment services for the City’s Citywide Tree Maintenance Program.

ITEM 3.B.8. Prosecution Services
Staff recommendation: Authorize the City Manager to execute Amendment No. 2 to Agreement with Dapeer, Rosenblit & Litvak, LLP, to increase the rates for prosecution services.

Ryan Embree suggested a request for proposals (RFP) be issued for prosecution services. He discussed the terms ofthe proposed agreement.

Councilmember Conley Ulich stated she concurred with Mr. Embree and felt that staff needed to issue an RFP. She discussed fees proposed by the legal firm. She stated the current attorney was located in Huntington Park and wished to see Malibu citizens submit proposals.
28 Malibu City Council
Minutes of May 24, 2010
Page8ofl8
MOTION Councilmember Conley Ulich moved and Councilmember Rosenthal seconded a motion to direct staff to bring back an RFP for legal Prosecution Services.

City Manager Thorsen discussed rates and how often prosecution services were rendered from staff. He stated they were the premiere code enforcement law firm.

Ken Dapeer, Dapeer, Rosenblit and Litvak, discussed the fees proposed in the staff report. He stated his company’s rates were very competitive.

In response to Councilmember Rosenthal, Councilmember Conley Ulich stated an RFP should be issued due to the proposed 20 percent increase.

Mr. Dapeer discussed his company and its handlings of the City of Malibu’s code enforcement cases.

In response to Councilmember Rosenthal, Community Development Director Peterson discussed the fiscal impact of processing an RFP.

In response to Mayor Wagner, Mr. Dapeer stated most other cities were being charged similar fees.

Councilmember La Monte discussed legal fees and current market prices.

Councilmember Rosenthal indicated her support of the motion.

The motion carried 4-0, Mayor Pro Tern Sibert absent.

ITEM 3.B.9. Professional Services Agreement with Vanir Construction Management, Inc. for Construction Management Services for Malibu Library Renovation Project
Staff recommendation: Authorize the City Manager to negotiate and execute a professional services agreement with Vanir Construction Management, Inc. in an amount not to exceed $480,895 for construction management services for construction of the Malibu Library Renovation Project.

CouncilmemberConley Ulich discussed artistic elements in the library.

City Manager Thorsen stated the architect could handle art separately.

Councilmember Rosenthal left the meeting at 8:13 p.m.
29 Council Agenda Report
Mayor Wagner and the Honorable Members of the City Council Prepared by: Patricia Salazar, Senior Administrative Analy~~~~ Reviewed by: Vic Peterson, Community Development Director Approved by: Jim Thorsen, City Manage~~
Date prepared: May 5, 2010 Meeting date: May 24, 2010
Subject: Prosecution Services
RECOMMENDED ACTION: Authorize the City Manager to execute Amendment No. 2 to Agreement with-~D~~er, Rosenblit & Litvak, LLP (Attachment 1) to increase the rates for prosecution services.
1SCAL IMPACT: Assuming no unforeseen issues, the increased rates will not affect tne ability of Deapeer, Rosenblit & Litvak, LLP (“consultant”) to perform all required services within the existing budget.

DISCUSSION: Since 1998, the City has maintained a contract with the consultant, to provide legal services to prosecute municipal code violations (Attachment 2). In 2007, the consultant requested a rate increase and the City Council approved Amendment No. ito Agreement. Most recently, on April 16, 2010, the consultant submitted a letter to the City requesting an increase in compensation (Attachment 3). The consultant is requesting the following changes to the agreement.
• General Code Enforcement! Criminal Services $140 to $175 per hour: This base rate covers the majority of services currently provided. This includes reviewing cases, preparing compliance letters, obtaining warrants, handling office conferences, and utilization of the criminal remedy.
• New Administrative Proceedings and Code Drafting Services $225 per hour: This rate would cover matters where the firm would represent staff at an administrative proceeding, such as a conditional permit revocation public hearing. These hearings are often high profile and utilize partner level attorneys.

Page 1 of 2 ends

To:

City Council Meeting
05-24-10
Item

3.B.8.

Agenda Item # 3.B.8.
30 o Civil Litigation Services $175 to $225 per hour: This service would be billed at the rate of $275, but the City would pay a maximum of the discounted institutional rate of $225 per hour. The difference in fee rate would only be applied if recovered from an opposing third party with the City first being fully reimbursed for fees already paid to the firm.

These proposed changes are well within the market for lawyers within this area of specialty and their experience. Staff recommends that the Council approve the amendment.

ATTACHMENTS:

1. Proposed Amendment No. 2 to Agreement

2. Agreement and Amendment No. I to Agreement

3. Letter Requesting Increase

Page 2 of 2 ends

Agenda Item # 3.B.8.
31 AMENDMENT NO.2 TO AGREEMENT
THIS AMENDMENT NO. 2 TO AGREEMENT is made and entered into on this 24th day of May, 2010, by and between the CITY OF MALIBU, herein after referred to as City, and Dapeer Rosenblit & Litvak, LLP, hereinafter referred to as Attorneys.

RECITALS
A. On September 15, 1998, the City entered into an Agreement with Contractor for legal services related to enforcement of the Municipal Code (“the Agreement”); and B. On February 12, 2007, pursuant to the Attorney’s request, the City amended said Agreement to increase the hourly rates for code enforcement services ($140) and for civil litigation ($175).

C. The City and Attorneys desire to amend the Agreement to increase the hourly rate for code enforcement services ($175), for civil litigation ($225), and to add a new hourly rate for administrative proceedings and code drafting ($225).

D. The City and the Attorneys desire to continue that Agreement with this amendment.

NOW THERFORE, in consideration of their mutual promises, obligations and covenants contained in the Agreement and all amendments thereto, the parties hereto agree that Paragraph 11(A) is amended to read as follows:

A. Compensation for Services. The City shall compensate Attorneys for services rendered at the following rate: $175 per hour for code enforcement services, $225 per hour for administrative proceedings and code drafting, and $225 per hour for civil litigation services. Civil litigation services shall be billed at the rate of $275 but the City would pay a maximum of the discounted institutional rate of $225. The difference in fee rate shall only be applied if recovered from an opposing third party with the City first being fully reimbursed for fees already paid to the firm. “Code enforcement services” shall include preparation of compliance letter, obtaining warrants, all office conferences, preparation of documents and court appearances relating to any actual or potential criminal prosecution. “Administrative Proceedings and Code Drafting services” shall include matters where the firm would represent City staff at an administrative proceeding, in which a partner level attorney would be utilized. “Civil litigation services” shall include only those matters expressly approved in writing in advance by the City Attorney. Attorneys may bill the City in maximum increments of one-tenth of an hour (.10). All office, travel, trial, deposition and meeting time shall be billed at these rates. Except for reimbursable expenses defined below, such compensation shall be the sole and total remuneration for the services rendered pursuant to this agreement. Notwithstanding this paragraph, Attorneys shall not charge the City for preparation of the report required by Paragraph 1(B) of this Agreement.

1. All other terms and conditions of the Agreement remain in full force and effect.

Attachment 1
32 ~b/ii/2l1i~ i!:Q~ ~iUb~Ii J~NK1N~i & HU(ilN LLI-’ h’(-~(±~ ~i2lU2 y~S-2Zi~ i1:5~ F ~32~5974i9Ø Tr~:131g456T~~ P~e:3’~
I~iient N~, 2 tc~ Agree~neiii
This Am~dm~nt No. 2 to Agrcciñcnt is cxcvut~d on ths 24~ ~ay of May. 20L0> atMalibu~ ~aLiforni~ ~M ~fi’~ctfre June 1, 201 O~

CITY OF MALIBU
ORSEKCItyMaua~r
ATIT~8T:

LISA POPE, Cily Clerk
(seal)
D~peer Rose~iblit & IJtvak, LLP
33 AG1~EEMENT FOR LEGAL SERVICES
This agreement made and entered into this 15~ day ofSeptember 1998, by and between the City ofMalibu, a municipal corporation (“City”), and DapeerRosenblit &Litvak, LLP (“Attorneys”), Services. Attorneys agree to perform the following services for the City:

A. Complete the following tasks:

1. Prosecute municipal code violations under the supervision ofthe City Attorney.

2. Provide other legal and consultative services as requested by the City Attorney.

B. Provide written monthly progress reports describing in detail what work has been completed to date and setting forth all necessary information to monitor the progress and effectiveness ofthe work.

U. Payment/Budget
A. Compensation for Services. The City shall compensate Attorneys for servicesrendered at the following rate: $110 per hour. Attorneys may bill the City in minimum increments of one-tenth of an hour (.10). All office, travel, trial, deposition and meeting time shall be billed at this rate. Except for reimbursable expenses defined below, such compensation shall be the sole and total remuneration for the services rendered pursuant to this agreement.

B. Reimbursement ofExpenses The City will reimburse actual, reasonable and necessary out-of-pocket expenses incurred by Attorneys in performing the services under this agreement as follows:

1. Actual long distance telephone charges

2. Photocopying at no more than $0.15 per page

3. Telecopying charges at no more than $1.00 per page

4. Computerized legal research at the actual aniount.charged to Attorneys

5. Statutory fees, witness fees, reporters’ per diem, stenographic transcriptions, jury fees and the cost of serving process
To obtain reimbursement, Attorneys will submit a summary ofthese expenses, along with supporting receipts, within 30 days ofthe expense being incurred.

Rosenblit.K2
Attachment ~
34 Dapeer Rosenblit & Litval~ LLP
Agreement for Legal Services
Page2
ifi. Attorneys’ staffing.

A. Staffing. Attorneys agree all services required under this agreement will be performed or supervised by Steve Rosenblit.

Any change in the individuals used by Attorneys to provide the services required of Attorneys under this agreement is subject to the prior written approval ofthe City.

B. Independent Contractor. Attorneys, and anyàne employed by Attorneys, are not and shall not be deemed to be employees ofthe City. Attorneys are solely responsible for the payment of employment taxes, workers compensation and any similar taxes for any employees.

C. Conflict of Interest. Attorneys represents that it presently haä no material financial interest other than that that may be held by the general public and shall not acquire any interest, direct or indirect, in any contract or decision made on behalf ofthe City which may be affected by the services to be performed by Attorneys under this Agreement. Attorneys further agree that in performance ofthis Agreement, no person having any such interest shall be employed by it. IfAttorneys orits employees acquire a direct or indirect personal interest, such interest shall be immediately disclosed to the City and the interested individual shall abstain itself from any contracts or decisions under this Agreement.

In addition to the proscriptions regarding. conflicts ofinterests imposed on attorneys by the Business and Professions Code and the Rules ofProfessional Conduct, particularly Rule 3- 310, Attorneys agree that no members ofAttorneys’ firm shall appear on behalfof any other client before any board, commission, committee or agency ofthe City or represent any client adverse to the City for a period of one year from the date of termination of attorney’s employment.

D. Nondiscrimination. In the performance of this Agreement, Attorneys shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national original, sexual orientation or medical condition. Attorneys shall take affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, national original, sexual orientation or medical co~ndition. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffor termination; rates ofpay or other forms of compensation, and selection for training.

RosenblitK2
35 Dap~er Roseablit & Litvak, LLP
Agreement for Legal Services
Pagè3
IV. ~ All legal files ofAttorneys pertaining to the City shall be and remain the property of the City. Attorneys will control the physical location of such legal files during the term of this agreement and shall be entitled to retain copies of such files upon termination of this agreement.

V. City Agent. The City Attorney, for the purposes ofthis agreement, is the agent forthe City; whenever approval or authorization is required, Attorneys understand that the City Attorney has the authority to provide that approval or authorization.

VI. Indemnification. Attorneys agree to hold harmless, indenmif~i and defend the City, its employees, agents and affiliates, for any and all loss or liability of any nature whatsoever arising out of or in any way connected with Attorneys’ performance of this agreement, including loss or liability caused by the City’s negligence, except loss or liability caused by the City’s sole willflul conduct or active negligence.

VII. Termination. The City may teñninate this agreement with or without cause and without notice. Attorneys may terminate this agreement with or without cause upon 30 days written notice.

Vifi. Notice. Any notices under this agreement by either party to the other may be given by either personal delivery in writing or by mail. Notices must be delivered or mailed to the following:

To the City: Christi Hogin
City Attorney
23555 Civic Center Way
Malibu, California 90265
To Attorneys: Steven Rosenblit, Esq.

Dapeer Rosenblit & Litvak, LLP
2770 B. Slauson Avenue
Huntington Park, California 90255-3099
IX. Resolution ofFee Disputes. The City is entitled to require that any fee dispute be resolved by binding arbitration in Los Angeles pursuant to the arbitration rules of the Los Angeles County Bar Association for legal fee disputes. In the event that City Chooses not to utilize theLos Angeles CountyBarAssociation’s arbitration procedures, City agrees that all disputes regarding the professional services rendered or fees charged by Attorneys shall be submitted to binding arbitration in Los Angeles to be conducted by the American Arbitration Association in accordance with its commercial arbitration rules.

Rosenblit.K2
36 Dapeer Rosenbilt & Litvak~ LLP
Agreement for Legal Services
Page4
X. Entire Agreement ofthe Parties. This agreement represents the parties’ thial and mutual understanding. It replaces and supersedes any prior agreements, whether oral or written.

XE. Modifications. This agreement may not be modified or replaced except by another signed, written agreement.

XII. Attorneys’ Fees. If a party brings any action, including an action for declaratory relie~ to enforce or interpret the provisions of this agreement, the prevailing party is entitled to reasonable attorneys’ fees in addition to any other reliefto which that party may be entitled.

Such fees may be set by the court in the same action or in a separate action brought for that purpose.

Executed at Malibu, California.

Dated: CITY OF MALIBU
By ~8tZ~~ ~74~
MAYoR
ATTEST: V
CIT’~tiERK
Executed~, California.

Dated:4~~/~At~LJ9/ffl’ DAPEER, ROSENBLIT & LITVAK, LLP
By~4<~J&4/

STEVEN ROS NBLIT
Rosenblit.K2
37 AMJD~4NT NO.1 TO AGREEMENT
• f~flS. A~ IM~ENT. NO. 1 TO AGREBM~NT is made and entered into on thIs 12th c~y of l~n~ y~ 2007, by and between the CITY OF MALIBU, hersit~ a~er referred to as City, and Dapeer • R~seiil it & Litvalç LLP, hereinafter refened to as Attorneys.

W1TN~SSETH~
~lIEREAS~ cn September 15, 199~1, tha C~fy entered into an Agreenr~tht ~dth Contractor for legal related to enforcement ofthe Municipal Code C’the Agreeix,ent~;. and WHERBAS~ the City and the Attorneys desire to conUn~ tba± Agreenieut with this etnendinent; •and
~E~AS~ the C~t~r and Attonieys <ieaire to arnead the Agreement to increase the hcerly rate to $140 f~ code en±brcerneizt services aád $175 for civil litigation. ~OW TUBR~EFORB, in consider~on of their muteal promises, obligations and covenants • contab d in the Agreement and all amendments thereto, the parties hereto agree that Para~rapb U A. is amend Itoadasfnilows:
~ Compensation for Service& The City shall compensate Attonr~ys for services rendered the ~foflowln~ rate~ $140 per hour for all code oroenr~nt services and $175 foroivil litigation ~ervrces. ~‘Code enforcement services~ shall include all office conferences, preparation of loctunents and coi~rt appearances relating to any actual or potential criminal proseoutiom 4Civil tttgation services” shall molude only those matters e~xprcasly apprcved in writing in advance by he City Attorney Mtonreye may l~)l the City in i~nntrtu Increments of crc-tenth of an hour .10). Ml once, te~vel, trial, depositi6n and tlng time shall be billed at these rates. Thccept for • eimthur~b1e expenses defIned below, such c pe~saiiou ~haU be the sole and total rernineratieti Or the services rendered pursuant to this ag~eniant Notwithstandi~ this paragraph, Attorneys ball not charge fr CLty for prepaiatlon of the repoxt rcqixited by Paragr~pb 1(B) of this ~greement.

All other terms and ~c~nditions ofthe Agreement renialn in full force and effect This .~ tiei4uient ~o. 1 to A reernent is executed orj tb~s 12th day of February 2007, at Malibu, Califbi ~ and ØffootIve March 1, 2007,.

ATTh~ ________
~ ~çity~anagen
• LXSA1 )PE,CflyCJ~rk •
• seel) • Arro~y~-~
• PR( ‘lED AS TO ~ORM: • N
~4~itf~Zomey Dapeer Ro~unbjitt nivak, IL?
38 L A W 0 F F’ I C E S
DAPEER, R0SENBuT & Lnv~ic, LLP
STEVEN H. R0SENBLIr PLEASE DIRECT MAIL TO: METROPOUTAN C~ES OFFICE:

KENNETH B DAPEER ORL MAIL CENTER S770 E. SLAUSON AVENUE WILLIAM LITVAK POST OFFICE BOX zoe~ HUN11NG1ON PARK. CA 00555-3009 JAMES ECKART HUNTING1ON PARK. CA ~ TELEPHONE (3531 587-555 ANITA ZUCKERI-IAN FACSIMILE 1353) 587-4190

PATRICIA H FITZGERALD
NORI-IA CORADO WELLS WEST LOS ANGELES OFFiCE:
,JOCELYN COR8Err 500 W. OLYMPIC BLVD., SUITE 550
MEHRNOOSH SANTA LOS ANGELES, CA 90094’ 524
CHARLENE J. V1YNDER TELEPHONE (3(01 477-5575
OLIVIA ,J. PALNIERI FACSIMILE 13101 477-7000
SAN DIEGO OFFICE:
5555 HIGH BLUFF’ DR., SUITE 215
SAN DIEGO CA 92(30-2056
TELEPHONE 18581 259-I 09
April 16, 2010 FACSIM1LE (8581
City of Malibu
23815 Stuart Ranch Road
Malibu, CA 90265
Attn: Jim Thorsen, City Manager
Re: Request for Compensation Increase
Dear Mr. Thorsen:

It was a pleasure speaking with you on March 31, 2010, concerning our request for an increase in compensation.

Our firm has prided itself on providing the highest quality legal services to our clients in the most economical manner possible. To that end, we have sought to keep our rates extremely competitive. Due to circumstances beyond our control we find that the rates we have charged for our services are no longer sufficient to meet our overhead expenses.

During the past few years we have seen our costs for staffing, both professional and administrative, including ancillary expenses such as health insurance, increase exponentially. When added to increased costs for supervision and training, we find that our ability to maintain the level of service you have come to expect requires us to increase our hourly rates.

We have undertaken substantial cost reduction efforts to minimize the impact on our clients. However, we find ourselves unable to further reduce costs without impacting the services provided.

Attachment 3
39 City of Malibu
Attn: Jim Thorsen, City Manager
April 16.2010
Page Two
Our rate structure was last modified in March, 2007 — three years ago.

We propose to increase our hourly rates as follows (which still represents a discounted rate as a result of our existing relationship with the City), with the hope that such increase will take effect by June 1,2010:
• General code enforcement I criminal services: $175.00 per hour; • Administrative proceedings and code drafting: $225.00 per hour; • Civil litigation services and appeals would be billed at the rate of $275.00, but the city would pay a maximum of the discounted institutional rate of $225.00. The difference in fee rate would only be applied if recovered from an opposing third party with the City first being fully reimbursed for fees already paid to our firm.

The higher rate for non-criminal work reflects the higher level of support services required to administer those matters and the increased supervision and training required to maintain the quality of the services provided to you at highest level.

We hope that you understand that we would have preferred not to undertake this increase at this time. However, current events make it impossible to avoid doing so. We appreciate your cooperation and hope that you can agree to our proposal.

We appreciate the support that you and the City have always shown us, and we ask that you assist with the process to approve the contract adjustment. If you require any additional information, or if you would like to discuss this matter in greater detail, please do not hesitate to contact me.

K~::thB.DaPeerE~
Dapeer, Rosenblit & Litvak, LLP
40 LAW OFFICES
DAPEER, R0sENBLIT & LJTvAK, LLP
STEVEN H, ROSENBLrr
KENNEtH B. DAPEER
WILUAM LflVAK

JAMES ECKART
4K~TA ZUCKERMAN
PATRICIA H. FITZGERALD

NORMA COPADO WELLS
CAROLINE K. CASTILLO

JOCELYN CORBEIT

MEHRNOOSH ZAHIRI
CHARLENE J. W~NDER
OLIVIA J. PALMIERI
PLEASE DIRECT MAIL TO:

DRL MAIL CENTER
POST OFFICE BOX 2067
HU)IrINGTON PARK. CA 90255-3099
MEtROPOLITAN C~ES OFFiCE:
2770 E. SLAUSON AVENUE
HUNT1NG1ON PARK, CA 90255-3099
TELEPHONE (323) 587-522 I
FACSIMILE (323) 587-4)90
WEST LOS ANGELES OFFICE:

I I 500W. OLYMPIC BLVD., SUITE 550
LOS ANGELES, CA 90064-) 524
TELEPHONE (310) 477-5575
FACSIMILE (310) 477-7090
April 16, 2010
SAN DIEGO OFFICE:
12555 HIGH BLUFF DR., SUITE 2) 5
SAN DIEGO CA 92 I 30-2056
TELEPHONE (858) 259-I 199
FACSIMILE (658) 259-0099
City of Malibu
23815 Stuart Ranch Road
Malibu, CA 90265
Attn: Jim Thorsen, City Manager
Re: Request for Compensation Increase
APR1g 2010
Dear Mr. Thorsen:

It was a pleasure speaking with you on March 31, 2010, concerning our request for an increase in compensation.

We have undertaken substantial cost reduction efforts to minimize the impact on our clients. However, we find ourselves unable to further reduce costs without impacting the services provided.
~M~ ~*
41 City of Malibu
Attn: Jim Thorsen, City Manager
April 16, 2010
Page Two
Our rate structure was last modified in March, 2007 — three years ago.

We propose to increase our hourly rates as follows (which still represents a discounted rate as a result of our existing relationship with the City), with the hope that such increase will take effect by June 1, 2010:
• General code enforcement / criminal services: $175.00 per hour; • Administrative proceedings and code drafting: $225.00 per hour; • Civil litigation services and appeals would be billed at the rate of $275.00, but the city would pay a maximum of the discounted institutional rate of $225.00. The difference in fee rate would only be applied if recovered from an opposing third party with the City first being fully reimbursed for fees already paid to our firm.

The higher rate for non~crimina1 work reflects the higher level of support services required to administer those matters and the increased supervision and training required to maintain the quality of the services provided to you at highest level.

Sincerel
Kenneth B. Dapeer
Dapeer, Rosenblit & Litvak, LLP
42 Council Agenda Report —
Mayor Stern and the Honorable Members of the City Council From: Christi Hogin, City Attorney ~
Date prepared: June 17, 2009 Meeting date: June 22, 2009 Subject: Sheriff’s Lawsuit
RECOMMENDED ACTION: Approve retainer Agreement with Dapeer Rosenblit and Litvak for legal services in connection with Malibu’s participation in a lawsuit by all Contract Cities against the County over the use of the Liability Trust Fund under Law Enforcement agreements with the Sheriff, subject to the City Attorneys’ final approval of the retainer agreement and conditioned on prior submittal by the firm to the City Attorney of a detailed and acceptable litigation budget.

DISCUSSION: Malibu is among 67 cities that are members of the Contract Cities Association. The primary purpose of the Association is to organize cities that contract for certain municipal services, primarily fire and police services. Each contract city has its own contract with the County for such services, but the Contract Cities Association helps negotiate certain issues and otherwise manages the success of this particular form of government. Recently, the Sheriff’s contract has become the subject of a dispute between the contract cities and the County.

An advantage of any independent contract is that the contractor generally assumes the liability for its performance under the contract, including its employees, over whom the City does not have any hire/fire/supervision authority. in the case of the Sheriff’s Contract, years ago (after a different dispute) the contract cities set up a Liability Trust Fund in order to pool resources for liability that may attach to a contract city. In this way, the contract cities function like a joint powers authority. The Liability Trust Fund had some administration rules and oversight committees, but the cash itself was entrusted to the County of Los Angeles. The fund has grown to a very tempting $52 million.

The current dispute arises from the County’s use of Liability Trust Fund monies to pay a settlement with a victim of criminal behavior by a Sheriff’s deputy assigned to a contract city. The County used the money without the proper approval and to pay a claim that was not properly a liability borne by contract cities. Moreover, the County seems to

Page 1 of 2 ends

To:

City Council Meeting
06-22-09
Item

3.B.13.

Agenda Item # 3.B.13.
43 assert it has authority to make future unilateral withdrawals from the Fund to pay these types of claims.

The City along with the other contract cities executed a tolling agreement through August 31, 2009, in the hope that we could reach resolution with the County. We are still hopeful that can and will happen. However, should we be unable to reach agreement, the contract cities will need to bring a lawsuit to recover its money and establish its rights relative to the use of the remaining funds.

Contract Cities association has retained Bill Litvak for this lawsuit. The attached retainer agreement is presented tonight for City Council approval. The agreement is with Dapeer Rosenblit and Litvak for legal services in connection with Malibu’s participation in a lawsuit by all Contract Cities against the County over the use of the Liability Trust Fund under Law Enforcement agreements with the Sheriff. There are minor issues regarding the terms of this retainer that need to be worked out so I am requesting that the City Council’s approval be subject to the City Attorneys’ final approval of the retainer agreement and conditioned on prior submittal by the firm to the City Attorney of a detailed and acceptable litigation budget.

The cost of the litigation will be shared by all contract cities and each city will contribute in proportionate share to the size of its Sheriff’s contract in relation to the total combined amount all of contract cities’ law enforcement contracts with the Sheriff.

Note that in a separate item the City Council is asked to extend the existing contract to August 31, 2009.

ATTACHMENT: Retainer Agreement

Page 2 of 2 ends

Agenda Item # 3.B.13.
44 LAW OFFICES
Dapeer, Rosenblit & Litvak, LLP
STEVEN H. ROSENBLIT PLEASE DIRECT MAIL TO: METROPOLITAN CITIES OFFICE:

KENNETH B. DAPEER WEST LOS ANGELES OFFICE 2770 E. SLAUSON AVENUE WILLIAM LITVAK HUNTINGTON PARK, CA 90255—3099
JANES C. ECKART TELEPHONE (323) 597—5221
ANITA ZUCKERNAN FAC5INILE (323) 587—4190
PATRICIA H. FITZGERALD
PAUL D.FIX WEST LOS ANGELES OFFICE:

KENNETH A. OHASHI 11500 W. OLYNPIC BLVD., SUITE 550
CAROLINE K. CASTILLO LOS ANGELES, CA 90064-1524
JOCELYN CORBETT TELEPHONE (310) 477-5575
SEAN N. CRONIN FACSIMILE (310) 477—7090
JACQUELINE N. DANCE
MARIA S. CHUNG

KEISHUNNA RANDALL

IBIERE SECK

NEHRNOOSH ZAHIRI

PAULA CLANURRO
June 22, 2009
Jim Thorsen, City Manager
Christi Hogin, City Attorney
City of Malibu
23815 Stuart Ranch Road
Malibu, CA 90265
Re: California Contract Cities Assoc. vs. County of Los Angeles Dear Mr. Thorsen and Ms. Hogin
This office has previously been retained by the California Contract Cities Association (the “CCCA”) with regard to the disputes arising from the withdrawal of funds by County of Los Angeles (“County”) from the Liability Trust Fund for purported reimbursement of settlements for the sexual assaults of a Sheriff’s deputy. This letter will serve as authorization to represent your city in that litigation, and in all related matters, proceedings and negotiations, and sets forth the terms of our engagement.

We are in the process of preparing a litigation plan and detailed budget, which we will provide to you for your review and approval. While we will endeavor to be as complete as possible, budgets by their very nature may be subject to change as the case developments and may be affected by outside forces, such as the cooperation received from opposing counsel.

In exchange for our services, we will receive payment based upon the time expended and the expenses incurred. Our professional hourly rates for your matter will be at our public institution rate of $275.00 for partners and senior associates, $195.00 for associates; and $65 to $135 for staff and paralegal time. Time will be billed in 1 / 10th of an hour increments. In the event that you 45 46
Re: California Contract Cities Association vs. County of Los Angeles June 22, 2009

Page 2 ends

request that we provide services on any other matter, we reserve the right to charge our then applicable public institution rate. As part of our public institution rate program, we have not requested that you provide us with an advance fee retainer. It is also agreed the fees shall be due and payable from the Association regardless of whom will be the beneficiary of the services and regardless of whether any individual city may be named a plaintiff in any action filed.

It is our understanding that each of the participating cities shall pay to the CCCA a pro rata portion of our fees based upon a formula and in a manner agreed upon between it. The CCCA, who has already contracted to pay all of our fees in this matter, will be then entitled to use the monies received toward reimbursement for sums paid or to be paid to our firm for this matter. We will continue to look to the CCCA for payment and will not participate or be responsible for fee collection from the individual cities. Presently, that formula is based upon the ratio of the amount of a city’s payment to the County for law enforcement services compared to the total paid to the County for all law enforcement services paid by CCCA members. The terms under which the cities have agreed to share these litigation expenses are recited here for reference purposes only. The cities and the CCCA may modify or agree to any other arrangement that they feel appropriate and we shall be deemed instructed to not inquire or monitor that arrangement.

In the event that there is in force an attorney’s fees clause, statute or other basis upon which a claim may be asserted for attorney’s fees on your behalf, we are authorized to assert such right and shall be entitled to demand and to receive attorney’s fees recovered. However, you shall be given credit for any such attorney’s fees actually paid by such third party. In the event the attorney’s fees calculated by statute or otherwise ordered are greater than the fees actually charged to you, we shall nevertheless be entitled to all such fees awarded.

This letter relates solely to the representation of your City in the above referenced action. In the event that we are already representing your city in other matters, the retainer agreement with regard to those matters shall remain in full force and effect.

We are specifically authorized to associate any other individual or entity (such as consultant or investigators) that we feel is necessitated by the circumstances of this matter, however, to the extent that you will be charged over and above our usual charges, we agree to get prior approval.

In addition to our fees, you will pay for all costs incurred by this office, whether they are generated by our office or from a third party provider, including such 47 48
Re: California Contract Cities Association vs. County of Los Angeles June 22, 2009

Page 3 of 5 ends

items as photocopy expenses, fax service charges, messenger services, long distance telephone charges, administrative fees, process service charges, filing fees, court and deposition costs as may be required. For any services rendered to us by third parties, you will be charged. our actual cost; as for any services provided by our staff you will be charged prevailing rates, subject tO your approval. Retrieval of public records or materials shall include a $15.00 office processing fee per search, together with any other related charges pertaining to matters handled on your behalf. We shall have the right to increase these charges from time to time to reflect increased overhead incurred to provide these services.

Unless another designation is made in writing, Sam Olivito of the CCCA will be deemed liaison between our office and each of the cities and he will be the authorized representative of your City with regard to this matter; we shall take instructions on how to proceed from him and notification to Mr. Olivito will be deemed notification to your city. We shall have no obligation to veri1~r the instructions we have been given or to question them unless notified in writing to the contrary. We will, of course, keep you and your city attorney regularly informed as to important developments in the litigation and respond to any inquiries made.

We firmly believe in maintaining close and open communications with our clients in order to spot and avoid potential problems. Whenever you have questions about anything that may have potential legal ramifications, please call us. Because we feel so strongly about open and continual communication, we will generally not charge for brief telephone calls that involve no substantive work on our part. Obviously, to the extent we discuss your matter or give you legal advice or if substantive legal services are provided for you, you will be charged for those services, whether they are accomplished on the telephone or otherwise.

We shall have a lien on your claim(s) or cause(s) of action and any monies, property or services collected or received or to which you may be entitled for the payment of all attorney’s fees and costs described in this agreement.

Given that our firm will be representing multiple parties to this matter, we are obligated to advise you with regard to potential for conflicts of interest between or among the various participating cities.

The California Rules of Professional Conduct provide the following:

A member [attorney] shall not, without the informed written consent of each client:
49 50
Re: California Contract Cities Association vs. County of Los Angeles June 22, 2009

Page 4 of 5 ends

(1) Accept representation of more than one client in a matter in which the interests of the clients potentially conflict; or
(2) Accept or continue representation of more than one client in a matter in which the interest of the clients actually conflict; or (3) Represent a client in a matter and at the same time in a separate matter accept as a client a person or entity whose interest in the first matter is adverse to the client in the first matter.

At this time we are not aware and do not believe that any of the party plaintiffs are in conflict with respect to the subject matter of this retainer agreement or otherwise. We further believe, at this time, that any services that we can reasonably anticipate rendering or that we might be asked to perform in the future will not result in a conflict. If you are aware of any litigation, dispute or controversy with any of the other participating cities or the CCCA, please advise us immediately. TO the degree that there is a conflict or potential for such conflict, you are authorized by the Association to waive such conflict and, by executing this agreement, you are doing so.

We acknowledge that we have in force professional liability insurance in an amount not less than $2,000,000. We also agree to indemnify and defend the City in the event of litigation arising from our engagement and caused by our sole negligence.

Please note that all communications with us, including copies of letters and documents, are only to be on a confidential basis. All communication should be marked with the phrase “PRIVILEGED A’fl’ORNEY-CLIENT COMMUNICIATION”. The purpose of this is to endeavor at all times to maintain the confidentiality of the information being exchanged. Likewise, any and all discussions concerning legal matters should not be related to third parties or to staff that is not directly related with this matter or to which you are not obligated to report, as doing so may waive the attorney-client privilege.

And, most importantly, no communication from our office should be placed in files accessible to the public.

I look forward to the opportunity of working with you and your staff. If this letter accurately reflects the terms of our retention, please return the enclosed copy of this letter, signed below.

Very truly yours,

DAPEER, ROSENBLIT & LITVAK LLP
51 52
lptlrT,pIuIuhI’IT,~I,,IpI,TIIIIupII1Tn

OATH OR AFFIRMATION

OF ALLEGIANCE FOR

PUBLIC OFFICERS AND EMPLOYEES
State ofCalifornia,
County ofLos Angeles, ss.

City ofMalibu
The execution ofthis Oath is required by Article XX Section 3, ofthe Constitution ofthe State ofCal~fornia.

L Kenneth Ohashi, do solemnly swear or affirm that I will diligently serve as Prosecuting Attorneyfor the City ofMalibu; that I will support and defend the Constitution ofthe United States and the Constitution ofthe State ofCal~fornia against all enemies, foreign and domestic; that I will bear truefaith and allegiance to the Constitution ofthe State ofCalifornia; that I take this obligation freely, without any mental reservation or purpose ofevasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

Signatur of rson Taking Oath
Subscribed and sworn t-o ~befor~ me
this 28~1 day o’f February 2008,
Signature of Person ~dministering Oath
53 OATH OR AFFIRMATION

OF ALLEGIANCE FOR

PUBLIC OFFICERS AND EMPLOYEES
State ofCalifornia,
County ofLos Angeles, ss.

City ofMalibu
The execution ofthis Oath is required by Article XX Section 3, ofthe Constitution ofthe State ofCal~fornia.

I, MSeon Tina Kim, do solemnly swear or affirm that I will diligently serve as Prosecuting Attorneyfor the City ofMalibu; that I will support and defend the Constitution ofthe United States and the Constitution ofthe State ofCalifornia against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution ofthe State ofCal~fornia; that I take this obligation freely, without any mental reservation or purpose ofevasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

Subscribed and sworn to before me
this 28th day of February 2008,
Signature of Person Administering Oath
U~lIiilihJIUillilU~flüIII~UiflhJIhfl~WlJ
54 OATH OR AFFIRMATION

OF ALLEGIANCE FOR

PUBLIC OFFICERS AND EMPLOYEES
State ofCalifornia,
County ofLos Angeles, ss.

City ofMalibu
The execution ofthis Oath is required by Article X~ Section 3, ofthe Constitution ofthe State ofCalifornia.

L William Litvak, do solemnly swear or affirm that I will diligent/v serve as Prosecuting Attorneyfor the City ofMalibu; that I will support and defend the Constitution ofthe United States and the Constitution ofthe State ofCal~fornia against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution ofthe State ofCal~fornia; that I take this obligationfreely, without any mental reservation or purpose ofevasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

Subscribed and sworn to before me
this 28th day of February 2008,
_--
Signature of Person Administering Oath
55 OATH OR AFFIRMATION

OF ALLEGIANCE FOR

PUBLIC OFFICERS AND EMPLOYEES
State ofCaflfornia,
County ofLos Angeles, ss.

City ofMalibu
The execution ofthis Oath is required by Article X~ Section 3, ofthe Constitution ofthe State ofCalifornia.

I~ Jocelyn Corbett, do solemnly swear or affirm that I will diligently serve as Prosecuting Attorney for the City ofMalibu; that I will support and defend the Constitution ofthe United States and the Constitution ofthe State ofCalifornia against all enemies, foreign and domestic; that I will bear truefaith and allegiance to the Constitution ofthe State ofCalifornia; that I take this obligation freely, without any mental reservation or purpose ofevasion; and that I will well and faithfully discharge the duties upon which I am about to enter. )g’nature o erson Taking Oath
Subscribed and sworn to before me
this 28th day of February ~OO8,
Signature of Person Adnr~tr,istering Oath
56 OATH OR AFFIRMATION

OF ALLEGIANCE FOR

PUBLIC OFFICERS AND EMPLOYEES
State ofCalifornia,
County ofLos Angeles, ss.

City ofMalibu
The execution ofthis Oath is required by Article X\~ Section 3, ofthe Constitution ofthe State ofCal~fornia.

L Andrew Caborn, do solemnly swear or affirm that I will diligently serve as Prosecuting Attorneyfor the City ofMalibu, that I will support and defend the Constitution ofthe United States and the Constitution ofthe State ofCal~fornia against all enemies, foreign and domestic; that I will bear truefaith and allegiance to the Constitution ofthe State ofCal~fornia; that I take this obligation freely, without any mental reservation or purpose ofevasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

Signature of Person Taking Oath
Subscribed am~ sworn to before me
this 28th day of F~ruary 2~O8~,
Signature of Person i~dministeririg Oath
57 OATH OR AFFIRMATION

OF ALLEGIANCE FOR

PUBLIC OFFICERS AND EMPLOYEES
State ofCalifornia,
County ofLos Angeles, ss.

City ofMalibu
The execution ofthis Oath is required by Article X~ Section 3, ofthe Constitution ofthe State ofCal~fornia.

J~ Steven Rosenblit, do solemnly swear or affirm that I will diligently serve as Prosecuting Attorneyfor the City ofMalibu; that I will support and defend the Constitution ofthe United States and the Constitution ofthe State ofCal~fornia against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution ofthe State ofCal~fornia; that I take this obligationfreely, without any mental reservation or purpose ofevasion; and that I will well and faithfully discharge the duties upon which I am about to enter, Signature of Pers’~.~aIii~g~ng Oath
Subscribed and ~wom ~o; hefore me
this 28th day ofFebruary 2008,
Signature of Person Administering Oath
58 OATH OR AFFIRMATION

OF ALLEGIANCE FOR

PUBLIC OFFICERS AND EMPLOYEES
State ofCal~fornia,
County ofLos Angeles, ss.

City ofMalibu
The execution ofthis Oath is required by Article X~ Section 3, ofthe Constitution ofthe State ofCalifornia.

L Sean Cronin, do solemnly swear or affirm that I will diligently serve as Prosecuting Attorneyfor the City ofMalibu; that I will support and defend the Constitution ofthe United States and the Constitution of the State ofCal~fornia against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution ofthe State of California; that I take this obligationfreely, without any mental reservation or purpose ofevasion; and that I will well andfaithfully discharge the duties upon which I am about to enter
Subscribed and sworn to b~fore me
this 28th day of February 2OO~i,
Signature of Person Administering Oath
~jI
Sig re of Person Taking Oath
59 OATH OR AFFIRMATION

OF ALLEGIANCE FOR

PUBLIC OFFICERS AND EMPLOYEES
State ofCal~fornia,
County ofLos Angeles, ss.

City ofMalibu
The execution ofthis Oath is required by Article X~ Section 3, ofthe Constitution ofthe State ofCal~fornja.
j, Caroline Castillo, do solemnly swear or affirm that I will diligently serve as Prosecuting Attorneyfor the City ofMalibu, that I will support and defend the Constitution ofthe United States and the Constitution ofthe State ofCalifornia against all enemies, foreign and domestic; that I will bear truefaith and allegiance to the Constitution ofthe State ofCalifornia; that I take this obligation freely, without any mental reservation or purpose ofevasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

Subscribed and sworn to before me
this 28th day of February 2OO8~
Signature of Person A~m~nistering Oath
60 OATH OR AFFIRMATION

OF ALLEGIANCE FOR

PUBLIC OFFICERS AND EMPLOYEES
State ofCalifornia,
County ofLos Angeles, ss.

City ofMalibu
The execution ofthis Oath is required by Article X~ Section 3, ofthe Constitution ofthe State ofCalifornia.
j, Norma Copado Wells, do solemnly swear or affirm that I will diligently serve as Prosecuting Attorneyfor the City ofMalibu; that I will support and defend the Constitution ofthe United States and the Constitution ofthe State ofCalifornia against all enemies, foreign and domestic; that I will bear truefaith and allegiance to the Constitution ofthe State ofCalifornia; that I take this obligation freely, without any mental reservation or purpose ofevasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

Signature of Person’Taking Oath
Subscribed and sworn to~b~fore me
this 28th day of February 2008,
Signature of Person Administering Oath
61 OATH OR AFFIRMATION

OF ALLEGIANCE FOR

PUBLIC OFFICERS AND EMPLOYEES
State ofCalifornia,
County ofLos Angeles, ss.

City ofMalibu
The execution ofthis Oath is required by Article X~ Section 3, ofthe Constitution ofthe State ofCal~f~rnia.

J, Maria Chung, do solemnly swear or affirm that Iwill diligently serve as Prosecuting Attorneyfor the City ofMalibu; that I will support and defend the Constitution ofthe United States and the Constitution ofthe State ofCalifornia against all enemies, foreign and domestic; that I will bear truefaith and allegiance to the Constitution ofthe State ofCalifornia; that I take this obligationfreely, without any mental reservation or purpose ofevasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

Subscribed and sworn to ~cfore rue
this 28th day of February 2008,
WI ~?—~
Signature of Person Administering Oath
Signature of Person~
62 OATH OR AFFIRMATION

OF ALLEGIANCE FOR

PUBLIC OFFICERS AND EMPLOYEES
State ofCalifornia,
County ofLos Angeles, 55.

City ofMalibu
The execution ofthis Oath is required by Article XX~ Section 3, ofthe Constitution ofthe State ofCal~fornia.
j, James Eckart~, do solemnly swear or affirm that I will diligently serve as Prosecuting Attorneyfor the City ofMalibu; that I will support and defend the Constitution ofthe United States and the Constitution ofthe State ofCalifornia against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution ofthe State ofCal~ornia; that I take this obligation freely, without any mental reservation or purpose ofevasion; and that I will well and faithfiully discharge the duties upon which I am about to enter.

Signature of Person Taking Oath
Subscribed and sworn to before me
this 28tu1 day of February 2008,
Signature of Person Administering Oath
63 OATH OR AFFIRMATION

OF ALLEGIANCE FOR

PUBLIC OFFICERS AND EMPLOYEES
State ofCalifornia,
County ofLos Angeles, ss.

City ofMalibu
The execution ofthis Oath is required by Article X)( Section 3, ofthe Constitution ofthe State ofCal~fornia.

L Patricia Fitzgerald, do solemnly swear or affirm that I will diligently serve as Prosecuting Attorneyfor the City ofMalibu; that I will support and defend the Constitution ofthe United States and the Constitution ofthe State ofCalifornia against all enemies, foreign and domestic, that I will bear true faith and allegiance to the Constitution ofthe State ofCalifornia; that I take this obligation freely, without any mental reservation or purpose ofevasion; and that I will well and faithfully discharge the duties upon which I am about to enter. ignature of Person Taking Oath
Subscribed and sworn to b~.fore me
this 28th day of February 2098,
Signature of Persoh Administering Oath
64 OATH OR AFFIRMATION

OF ALLEGIANCE FOR

PUBLIC OFFICERS AND EMPLOYEES
State ofCa4fornia,
County ofLos Angeles, ss.

City ofMalibu
The execution ofthis Oath is required by Article XA~ Section 3, ofthe Constitution ofthe State ofCal~fornia.
]~Kenneth Dapeer , do solemnly swear or affirm that I will diligently serve as Prosecuting Attorneyfor the City ofMalibu; that I will support and defend the Constitution ofthe United States and the Constitution ofthe State ofCalifornia against all enemies, foreign and domestic; that I will bear truefaith and allegiance to the Constitution ofthe State ofCalifornia; that I take this obligationfreely, without any mental reservation or purpose ofevasion; and that I will well and faithfully discharge the duties upon which I am about ~o enter.

S nature of P
Subscribed and sworn tO béfoi~e me
this 22nd day Of Febr~ar’~{ 2~O’8,
Signature of P son Admini~ering Oath
65 AMEND~LNT NO~ 1 TO AGREEMENT
r~ns AM~NDM~ENT NO. 1 TO AGREEMENT le made ~id etitered into on this 12th th~i of Feb~ j~ 20O7~, by and between the CITY OF MALIBU, kere~ after tefe~ed to as C~ty~ and Dapeer Ros~ni~ it & Litvalc LLP~ hereinafter efern~d to as Attorneys, wrr~ss~w~ V
~1HEREAS, oz~ September 15, W9~ the Cify entered into en Agreenient Mtii Contractor for legal serviee related to enforcement ofthe Municipal Cock~ (~‘the Ag ee~xenV~ and VHERBAS~ the City and the Mtorneys desire to continue that Agreenient with this u3ncndmcnt; and V
• Ni4Er~EAS~ the City and Attorneys desire to ax~end the Agreement to hicr~ase the hourly rate to $140 f~ cede en±brcement services and ~l75 bcivil litigation. V ~OW THERRFORB, in consideration of their mutual promises, obligations and covenants 4 in the Agreement and afl amendxneni~ thereto, the partIes hereto agree that Paragrapb U A. ~s 4 to read as follows: V V V
• ~, C ipensation for Services. The City shall compensate Attom~ys for seiMeos rendered • Lt the following rate~ $140 per hour for all code reenient services and $1 7~ for c~v~ litigatIon ervices. ~C~ede enforcement ~ervicas” shall include all office conferences, ptepa~ation of [ocuments and co~irt appearances relating to any actual or potential criminal prc eentbi. ~Civil Ltigatlon services” shall incinde only those matters expressly approved in writing in,advance by lie City Attorue~’. Mtorneye ~ay blfl the City in x~iuu~u lncr~ments of ox~-tenth of an hour. .1C~). MI o~cc~ t~ave1, trial, deposition and meeting time elisil be blUed at these rates. Except f~ ~b~ur~ble expenses defined below, suc,h cou~p~ts~tion ab~U be the sole and total remn~eratioti or the s~r~ices rendered p~rsuantto this agre~menL Notwithstandhi~ this paragraph1 Attoineys ~hall not cliar~e t~ie C~ty for prep~i~tion of the report reqix~d by Paragraph 1(B) of this ~greement. V V
All othet terms and ~conditions ofthe Agreement remain in full force and efi~ct.

This ~ ned~r~e~t No~ 1 tc~ A~free~neu± is executed on this 12th day of February 200?, at Califoi ~ and efi’~otive March 1, 2007. V

V CITY OP MALIBU
ATThI V V
(~4. Managet
LXSA ~ )PE, City CJ~rk V V
V seal) V V ATrO YS
?R~ VEt) AS TO FORM: • ____________________
V ~~GItWZorney • BY: D~Roi~~P
66 AGREEMENT FOR LEGAL SERVICES
This agreement made and entered into this 1 5~ day of September 1998, by and between the City ofMalibu, a municipal corporation (“City”), and Dapeer Rosenblit & Litvak, LLP (“Attorneys”), Services. Attorneys agree to perform the following services for the City:

A. Complete the following tasks:

1. Prosecute municipal code violations under the supervision of the City Attorney.

2. Provide other legal and consultative services as requested by the City Attorney.

B. Provide written monthly progress reports describing in detail what work has been completed to date and setting forth all necessary information to monitor the progress and effectiveness of the work.

II. Payment/Budget.

A. Compensation for Services. The City shall compensate Attorneys for services rendered at the following rate: $110 per hour. Attorneys may bill the City in minimum increments of one-tenth of an hour (.10). All office, travel, trial, deposition and meeting time shall be billed at this rate. Except for reimbursable expenses defined below, such compensation shall be the sole and total remuneration for the services rendered pursuant to this agreement.

B. Reimbursement ofExpenses The City will reimburse actual, reasonable and necessary out-of-pocket expenses incurred by Attorneys in performing the services under this agreement as follows:

1. Actual long distance telephone charges

2. Photocopying at no more than $0.15 per page

3. Telecopying charges at no more than $1.00 per page

4. Computerized legal research at the actual amount charged to Attorneys

5. Statutory fees, witness fees, reporters’ per diem, stenographic transcriptions, jury fees and the cost of serving process
To obtain reimbursement, Attorneys will submit a summary of these expenses, along with supporting receipts, within 30 days of the expense being incurred.

Rosenblit.K2
67 Dapeer Rosenblit & Litvak, LLP
Agreement for Legal Services

Page 2 ends

III. Attorneys’ staffing.

A. Staffing. Attorneys agree all services required under this agreement will be performed or supervised by Steve Rosenblit.

Any change in the individuals used by Attorneys to provide the services required of Attorneys under this agreement is subject to the prior written approval of the City.

B. Independent Contractor. Attorneys, and anyone employed by Attorneys, are not and shall not be deemed to be employees of the City. Attorneys are solely responsible for the payment of employment taxes, workers’ compensation and any similar taxes for any employees.

C. Conflict of Interest. Attorneys represents that it presently has no material financial interest other than that that may be held by the general public and shall not acquire any interest, direct or indirect, in any contract or decision made on behalf ofthe City which may be affected by the services to be performed by Attorneys under this Agreement. Attorneys further agree that in performance ofthis Agreement, no person having any such interest shall be employed by it. IfAttorneys or its employees acquire a direct or indirect personal interest, such interest shall be immediately disclosed to the City and the interested individual shall abstain itself from any contracts or decisions under this Agreement.

In addition to the proscriptions regarding conflicts of interests imposed on attorneys by the Business and Professions Code and the Rules ofProfessional Conduct, particularly Rule 3- 310, Attorneys agree that no members ofAttorneys’ firm shall appear on behalf of any other client before any board, commission, committee or agency ofthe City or represent any client adverse to the City for a period of one year from the date of termination of attorney’s employment.

D. Nondiscrimination. In the performance of this Agreement, Attorneys shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national original, sexual orientation or medical condition. Attorneys shall take affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, national original, sexual orientation or medical condition. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training.

Rosenblit.K2
68 Dapeer Rosenblit & Litvak, LLP
Agreement for Legal Services

Page 3 ends

IV. ~ All legal files ofAttorneys pertaining to the City shall be and remain the property of the City. Attorneys will control the physical location of such legal files during the term of this agreement and shall be entitled to retain copies of such files upon termination of this agreement.

VI. Indemnification. Attorneys agree to hold harmless, indemnify and defend the City, its employees, agents and affiliates, for any and all loss or liability of any nature whatsoever arising out of or in any way connected with Attorneys’ performance of this agreement, including loss or liability caused by the City’s negligence, except loss or liability caused by the City’s sole willful conduct or active negligence.

VII. Termination. The City may terminate this agreement with or without cause and without notice. Attorneys may terminate this agreement with or without cause upon 30 days written notice.

VIII. Notice. Any notices under this agreement by either party to the other may be given by either personal delivery in writing or by mail. Notices must be delivered or mailed to the following:

To the City: Christi Hogin
City Attorney
23555 Civic Center Way
Malibu, California 90265
To Attorneys: Steven Rosenblit, Esq.

Dapeer Rosenblit & Litvak, LLP
2770 E. Slauson Avenue
Huntington Park, California 90255-3099
IX. Resolution ofFee Disputes. The City is entitled to require that any fee dispute be resolved by binding arbitration in Los Angeles pursuant to the arbitration rules of the Los Angeles County Bar Association for legal fee disputes. In the event that City Chooses not to utilize the Los Angeles County Bar Association’s arbitration procedures, City agrees that all disputes regarding the professional services rendered or fees charged by Attorneys shall be submitted to binding arbitration in Los Angeles to be conducted by the American Arbitration Association in accordance with its commercial arbitration rules.

Rosenblit.K2
69 Dapeer Rosenblit & Litvak, LLP
Agreement for Legal Services
Page4
X. Entire Agreement of the Parties. This agreement represents the parties’ final and mutual understanding. It replaces and supersedes any prior agreements, whether oral or written.

XI. Modifications. This agreement may not be modified or replaced except by another signed, written agreement.

XII. Attorneys’ Fees. If a party brings any action, including an action for declaratory relief to enforce or interpret the provisions of this agreement, the prevailing party is entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled.

Such fees may be set by the court in the same action or in a separate action brought for that purpose.

Executed at Malibu, California.

Dated: CITY OF MALIBU
By___________
MAYOR
ATTEST: /
CIT’~tLERK
Executed
~
~, California.

DAPEER, ROSE~LIT & LITyAK, LLP
By_____

STEVEN ROS NELIT
Rosenblit.K2
70 ~__ 23815 Stuart City Ranch Roadof• Malibu, California Malibu• 90265-486 1 _________—/ Phone (310) 456-2489 • Fax (310) 456-3356 • www.ci.malibu.ca.us February 22, 2008
Captain Thomas G. Martin
Los Angeles County Sheriffs Department
Malibu/Lost Hills Station
27050 Agoura Road
Agoura, CA 9 1301-5336
Dear Captain Martin:

The City of Malibu has contracted with the firm of Dapeer, Rosenblit & Litvak, LLP for its service as City Prosecutor since 1998. The duties include charging persons with misdemeanor violations of the Malibu Municipal Code and filing criminal complaints in the name of the People of the State of California, functioning as district attorneys in such litigation.

Please authorize the Malibu/Lost Hills Station’s Detective Bureau to provide information requested by Dapeer, Rosenblit & Litvak, LLP that is required to conduct these duties on behalf of the City of Malibu. These requests include, but are not limited to, DMV reports and vehicle registration records.

We appreciate your cooperation in this matter. If you have any questions, please feel free to contact me at (310) 456-2489 ext. 226 or jthorsen(~ci.malibu.ca.us.

Jim orsen
City Manager
cc: Lt. Steven R. Smith, Detective Bureau Commander, Malibu/Lost Hills Sheriffs Station Steven Rosenblit, City Prosecutor, Dapeer, Rosenblit & Litvak, LLP M:\City Manager\CM Cltron\2008\02 February\Sheriff-City Prosecutor Requestsdocx Recycled Paper Cl-I ~\b842~t~A W~/-e~/&h~
71 Mary Linden
From: Jim Thorsen
Sent: Friday, February 22, 2008 9:22 AM
To: Mary Linden
Subject: FW: DMV and Vehicle Registration Records
Importance: High
Please prepare a letter to send to lost hills sheriff
Thanks.

Jim Thorsen
City Manager
City of Malibu
23815 Stuart Ranch Road
Malibu, CA 90265-4861
Phone: 310-456-2489 x-226
Fax: 310-456-2760
Email: ithorsen~ci.malibu.ca.us
From: Smith, Steven R. [mailto:[email protected]]
Sent: Thursday, February 21, 2008 3:06 PM
To: [email protected]
Cc: Martin, Thomas G.; Ramirez, Greg; Coroalles, Tony; Taylor, Ray; Royal, James; Jim Thorsen Subject: RE: DMV and Vehicle Registration Records
Importance: High
Steve,
Here is the procedure that I would like you to follow in order to receive your requested information in a timely manner:

Please request each city manager to provide a letter (on their city’s letterhead) to us (Captain Thomas G. Martin, Malibu/Lost Hills Station, att. Lieutenant Steven R. Smith, Detective Bureau Commander) with the following specifics:

1. Identify that your law firm is on contract as their city attorney (start and end date of agreement if applicable).

2. That your law firm’s duties require charging persons with administrative/infractions/misdemeanor violations of the city’s municipal codes.

3. And request that Malibu/Lost Hills Station’s Detective Bureau provide requested information that is required to process your responsibilities.

Once we receive this letter, Sergeant Royal (818-878-5531) of the Detective Bureau will become your contact and facilitate your requests. I would suggest you make the formal request via his e-mail (JRoyal~lasd.orci). The request must contain the needed identification information on the involved party and the code that you are addressing.

Steve
Lieutenant Steve Smith
Detective Bureau
Malibu/Lost Hills Station
Office (818) 878-5515
Fax (323) 415-7850
From: [email protected] [mailto:[email protected]] Sent: Monday, February 18, 2008 9:33 AM
To: Smith, Steven R.

Subject: DMV and Vehicle Registration Records
Lt. Steven Smith, Liason - Agoura Hills
1 72
Good morning.

Our office represents Agoura Hills, Calabasas, Malibu and Westlake Village as city prosecutors. Our duties include charging persons with misdemeanor violations of the cities’ municipal codes. Our criminal complaints are filed in the name of the People of the State of California and we function as district attorneys in such litigation.

For years, we have followed a protocol of faxing written requests for DMV reports and vehicle registration records to your station in connection with pending criminal investigations. These requests were not frequent because the cities do not have many cases and it is rare that violators have to be prosecuted. In the past, Kara Dowling would fax the DMV reports back to our Huntington Park Office. A sample of your department’s fax transmittal form for a prior inquiry is attached hereto. We now have two offices and so information may be requested from either location.

It is my understanding that the person who now performs this service for the Detective Bureau has declined to do so in an Agoura Hills matter. Without the reports, the investigations are hindered. We also could not provide the court with necessary warrant information for the clerk’s office to accept our misdemeanor case filings.

Is it possible to continue to receive DMV and vehicle registration reports? Would you prefer that requests be submitted via email? To whom should the requests be directed? Thank you for your assistance.

Steven Rosenblit
City Prosecutor
Dapeer, Rosenblit & Litvak, LLP
11500 W. Olympic Blvd.

Suite 550
Los Angeles, CA 90064
Office: (310) 477-5575
Fax: (310) 477-7090
srosenb1it(~drlIaw. corn
NOTICE: This message is intended only for the addressee and may contain information that is privileged, confidential and/or attorney work product. If you are not the intended recipient, do not read, copy, retain or disseminate this message or any attachment. If you have received this message in error, please call the sender immediately at 310-477-5575 and delete all copies of the message and any attachment. Neither the transmission of this message or any attachment, nor any error in transmission or misdelivery shall constitute waiver of any applicable legal privilege. 2 73
February 28, 2007
City ofMalibu
23815 Stuart Ranch Road • Malibu, California • 90265-4804 (310) 456-2489 • fax (310) 456-2760
Steven Rosenblit
Dapeer, Rosenblit & Litvak, LLP
2770 E. Slauson Avenue
Huntington Park, CA 90255-3099
Dear Mr. Rosenblit:

Enclosed is a fully executed original of Amendment No. 1 to Agreement between the City of Malibu and Dapeer, Rosenblit & Litvak, LLP for prosecution services for your files.

Please contact me if you have any questions.

Respectfully,
Jessica Duban
Deputy City Clerk
Enclosure
cc: City Manager Thorsen
City Attorney Hogin
Administrative Services Director Feldman
Dapeer, Rosenblit & Litvak, LLP Agreement File
1 74
Recycled Paper
AMENDMThT NO.1 TO AGREEMENT
AMENDMENT NO. 1 TO AGRE1~MENT is made and entered Into cm thIs 12th day of r, 2OO7~ by and between the CITY OF MALLBU, here~u after refe~-recI to as City, and Dapeer & Litvalc LLP, hereinafter reforzed to as Attorneys.
wm%~EAssEw~ V
EREAS, c~ Septeanber 1S~ l99~ the C~y exAte~ed into en Agre~nent c~iitii Contractor for legal n~lated to enforcement ofthe Municipal Code (~‘the Agreen~ent’~. and the City and the Attorneys desire to contInua thai Agrecnieut with this udinent; ~l~EAS, the City ai~d Attorneys <leslie to w~ud the Agreement to inerease the honrly rate to V code enforcement services and ~l75 for civil litigation. V V ~OW ~WFORJ3~ In ao~islder~tIon of their mutual promises, obligations and covenants cöntah ~d In the Agreement and all amendmexti~ thereto, the partIes hereto agree that Paragraph U A~ is amend Ito read as fi~l1ows:
~. Compensation for Services. The City shall compensate Attornt~ys for services rendered it the following ratc~ $140 per hour for all code e rcent~nt services and $l7~ for o~v~l litigalion er~4ges. “Cede enforcement servicer shall include all ofilce conf~rences, prepa±atiot~ of locumenis and ccnirt appearances relating to any actual or potential eximinal ~rosecutkim MCMl V ttigation services” shall include only those matters expressly ~proved in wtiting in,advance by Lie City Attomey. Mtoraeye may WI the City in ma~diuuui Increments of oi~-tenth of an hour. ..IG). All o~ce, travel, trial, deposition and meeting time ahr~1l be billed at these rates. Th~cept for ~ixursabte expenses defft~ed below, such coinpe~isaI~oñ shell be the sole and total rernuneratioti or the services rendered pursuant to this agr~w~nt Notwithstaiidl~ this paragraphs Attorneys hail not cbar~e th~ City fo~ prepatation of the report requ~d by Paragraph 1(B) of this ~greement.

All other terms and ~conditions ofthe Agreement remain in full force and erect.

V This I ueudw.eut No. 1. to” A~’e~nen± Is executed on this 12~ day of Febru~xy 2007, at Malibu, V V ~Ijf~ j~ a~d efft~ctjve March 1, 2007. V
V C1Th OP MALIBU
• AT~T: V
• ~, ~Q EN, (~ity Manager
V USA ~ )PE, Cily Cl~± V V
V Vs~) V
By:
$1401
i r4oG~: CkjJ~ttoriiey
75 Subject:

Council Agenda Report
Mayor Kearsley and the Honorable Members of the City Council Christi Hogin, City Attorneys ~
Jim Thorsen, City Manage
January 24, 2007 Meeting date: February 12, 2007
Increase in Fees for Prosecution Services
RECOMMENDED ACTION: Authorize the City Manager to execute Amendment No. I to Agreement to increase the rates for Dapeer, Rosenblit & Litvak, LLP.

FISCAL IMPACT: Assuming no unforeseen issues, staff believes that the increased rates will not affect the ability of the vendor to perform all required services within the existing budget.

DISCUSSION: Since 1998, the City has maintained a contract with Dapeer, Rosenblitt & Litvak, LLP, to provide legal services to prosecute municipal code violations. The current hourly rate is $110/hour. This rate has not changed, although obviously expenses have increased dramatically since 1998. Steve Rosenblitt is requesting that the rate be increased to $140/hour for code-enforcement related services and $175/hour for civil litigation. These proposed new rates are well within the market for lawyers within this area of specialty and of their experience.

ATTACHMENTS: Letter requesting increase
Current Agreement
Proposed amendment

Page 1 of 1 ends

To:

City Council Meeting
02-12-07
Item

3.B.3.

Prepared by:

Approved by:

Date prepared:

H:’staff reports\2007\ch dapeer rosenblit Iitvak.doc Agenda Item # 3.B.3. 76 LAW OFFICES
DAPEER, ROSENBLIT & LITvAK, LLP
STEVEN H. ROSEN9LJT
KENNETH B. DAPEER
WILL1AM LITVAK
JAMES C. ECKART
LISA A. VIDRA

ANITA ZUCKERMAN
PATRICIA H. FITZGERALD
PAUL 0. FIX
ALMA N. HERNANDEZ

NORMA COPADO
KENNETH A. OHASHI
EILEEN 0. AGAJAN IAN
CAROLINE K. CASTILLO

CHRISTINA RYMSZA

JOCELYN COREETT
H. MICHAEL SONG
PLEASE DIRECT MAIL TO:

METROPOLITAN CITIES OFFICE
METROPOLITAN CITJE~S OFFICE:
2710 5. SLAUSON AVENUE
HUNTINGTON PARK. CA 90235.3099
TELEPHONE (328) 587~S22l
FACSIMILE (323)387.4190
WEST LOS ANGELES OFFICE:

I 1500W. OLYMPIC BLVD., SUITE 550
LOS ANGELES, CA 90004.1324
TELEPHONE (310) 477-5573
FACSIMILE (310) 477-7090
December 18, 2006
Christi login, Malibu City Attorney
Jenkins & login, LLP
Manhattan Towers
1230 Rosecrans Avenue, Suite 110
Manhattan Beach, California 90266
[Copy Via Email: CHo~in~i),Loca1GovLaw.com1
j?e:~ Request for~Compensation Increase / City of Malibu Dear Ms. Hogin:

Our ~rm respectfully requests an increase to $140.00 an hour for code enforcementrelated services. When such matters are addressed by exercising the city’s civil/injunctive or administrative remedies, we proposç providing attorney services atthe rate of$175.00 an hour.

Our costs have dramatically risen during the period we have provided services at our current rate. Consideration of this request for an increase as soon as possible would be greatly appreciated.

Thank you for the privilege of serving the city of Malibu. Please extend our gratitude to the City Council as well.

S c ely,
Nt
77 AGREEMENT FOR LEGAL SERVICES
This agreement made and entered into this 1 5~’ day of September 1998, by and between the City ofMalibu, a municipal corporation (‘City”), and DapeerRosenblit & Litvak, LLP (“Attorneys”), Services. Attorneys agree to perform the following services for the City:

A. Complete the following tasks:

1. Prosecute municipal code violations under the supervision of the City Attorney.

2. Provide other legal and consultative services as requested by the City Attorney.

B. Provide written monthly progress reports describing in detail what work has been completed to date and setting forth all necessary information to monitor the progress and effectiveness ofthe work.

II. Payment/Budget.

A. Compensation for Services. The City shall compensate Attorneys for servicesrendered at the following rate: $110 per hour. Attorneys may bill the City in minimum increments of one-tenth of an hour (.10). All office, travel, trial, deposition and meeting time shall be billed at this rate. Except for reimbursable expenses defined below, such compensation shall be the sole and total remuneration for the services rendered pursuant to this agreement.

B. Reimbursement ofExpenses The City will reimburse actual, reasonable and necessary out-of-pocket expenses incurred by Attorneys in performing the services under this agreement as follows: V

1. Actual long distance telephone charges

2. Photocopying at no more than $0.15 per page

3. Telecopying charges at no more than $1.00 per page

4. Computerized legal research at the actual amount charged to Attorneys

5. Statutory fees, witness fees, reporters’ per diem, stenographic transcriptions, jury fees and the cost of serving process
To obtain reimbursement, Attorneys will submit a summary of these expenses, along with supporting receipts, within 30 days of the expense being incurred.

Rosenblit.K2 V
78 Dapeer Rosenblit & Litvak, LLP
Agreement for Legal Services

Page 2 ends

ifi. Attorneys’ staffing.

A. Staffing. Attorneys agree all services required under this agreement will be performed or supervised by Steve Rosenblit.

Any change in the individuals used by Attorneys to provide the services required of Attorneys under this agreement is subject to the prior written approval ofthe City.

C. Conflict of Interest. Attorneys represents that it presently has no material financial interest other than that that may be held by the general public and shall not acquire any interest, direct or indirect, in any contract or decision made on behalfofthe City which may be affected by the services to be performed by Attorneys under this Agreement. Attorneys further agree that in performance ofthis Agreement, no person having any such interest shall be employed by it. IfAttorneys or its employees acquire a direct or indirect personal interest, such interest shall be immediately disclosed to the City and the interested individual shall abstain itself from any contracts or decisions under this Agreement.

I). Nondiscrimination. In the performance of this Agreement, Attorneys shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national original, sexual orientation or medical condition. Attorneys shall take affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, national oiiginal, sexual orientation or medical condition. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates ofpay or other forms of compensation, and selection for training.

RosenblitK2
79 Dapeer Rosenblit & Litvak, LLP
Agreement for Legal Services

Page 3 ends

IV. ~j~s All legal files ofAttorneys pertaining to the City shall be and remain the property of the City. Attorneys will control the physical location of such legal files during the term of this agreement and shall be entitled to retain copies of such files upon termination of this agreement.

VI. Indemnification. Attorneys agree to hold harmless, indemnify and defend the City, its employees, agents and affiliates, for any and all loss or liability of any nature whatsoever arising out of or in any way connected with Attorneys’ performance of this agreement, including loss or liability caused by the City’s negligence, except loss or liability caused by the City’s sole willful conduct or active negligence.

VII. Termination. The City may terminate this agreement with or without cause and without notice. Attorneys may terminate this agreement with or without cause upon 30 days written notice.

VIII. Notice. Any notices under this agreement by either party to the other may be given by either personal delivery in writing or by mail. Notices must be delivered or mailed to the following:

To the City: Christi Hogin
City Attorney
23555 Civic Center Way
Malibu, California 90265
To Attorneys: Steven Rosenblit, Esq.

Dapeer Rosenblit & Litvak, LLP
2770 E. Slauson Avenue
Huntington Park, California 90255-3099
IX. Resolution ofFee Disputes. The City is entitled to require that any fee dispute be resolved by binding arbitration in Los Angeles pursuant to the arbitration rules of the Los Angeles County Bar Association for legal fee disputes. In the event that City Chooses not to utilize the Los Angeles CountyBar Association’s arbitration procedures, City agrees that all disputes regarding the professional services rendered or fees charged by Attorileys shall be submitted to binding arbitration in Los Angeles to be conducted by the American Arbitration Association in accordance with its commercial arbitration rules.

Rosenblit.K2
80 Dapeer Rosenblit & Litvak, LLP
Agreement for Legal Services

Page 4 ends

X. Entire Agreement of the Parties. This agreement represents the parties’ final and mutual understanding. It replaces and supersedes any prior agreements, whether oral or written.

XE. Modifications. This agreement may not be modified or replaced except by another signed, written agreement.

XII. Attorneys’ Fees. If a party brings any action, including an action for declaratory relief; to enforce or interpret the provisions of this agreement, the prevailing party is entitled. to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled.

Such fees may be set by the court in the same action or in a separate action brought for that purpose.

Executed at Malibu, California.

Dated: CITY OF MALIBU
By~~L14~
I~kYoR
ATTEST: 1/

CI LERK
Executed~~, California.

DAPEER, ROSENBLIT & LITVAK, LLP
By_____

STEVEN ROS NELIT
Rosenblit.K2
81 [~f1/35/2~7 1~: 19 3156438441 JENKINS & HDGIN LLP PAGE 52/52 81/38/2587 89~.85 3154~G2Th5 CITY OF MALIBU PAGE ~
AMENDMENT NO. 1 TO AGREEMENT
FHTS AMENDMENT NO~ 1 TO AGREEMENT is made and entered into on this 12th day of Februs y, 2007, by and between the CITY OF MALiBU, herein after refen’ecl to as City~ and Dapeer l~.osen1 it & Litvalc LLP, hereinafter refeired to as Attorneys~ WffNT~SSETTh
~J’HEREAS, on September 15. i99~ the City entered into an Agreement with Contractor for legal service related to errforcemerit ofthe Municipal Code C’the Agreement”); and WHEREAS, the City and the Attorneys desire to continue that Agreenient with this amendment; and
WHEREAS, the City and Attorneys desire to amend the Agreement to increase the hourly rate to $140 f~ r code enforcement services and $175 for civil litigation.

STOW TUEREFORE, in eonsiderat~on of their mutual promises, obligations and covenants cc~ntain ~1 In the Agreement and all amendments thereto, the parties hereto agree that Paragraph U A is ztmen&d. to read as follows:
~. Compensation for Services. The City shall compensate Attorneys for services rendered ~t the tbflowing rate: $140 per hour for au code enforcer ut services and $175 for cjvjl litigation ;~r~rioes, 9Thde enforcement services” shall include all office conferences, preparation of locuments and court appearances relating to any actual or potential criminal prosecution. “Civil itigation services” shall incbide only those matters expressly approved in writing in advance by he City Attorney. Attorneys may bifl the City in maximum inortements of one-tenth of an hour .10). All office, travel, trial, deposition and meeting time shall be billed at these rates. Except thr ~imbursabIe expenses defined below, such compensation shall be the sole and total remuneration or the services rendered pursuant to this agreement. Notwithstanding this paragraph, Attorneys hail uot charge the Clty for preparation of the report teqixit&l by Paragraph 1(B) of this ~greement.

1. All othet terms and conditions ofthe Agreement remain in. full force and effi~ct.

This .~ ~iendment No. 1 to Agreernent is executed on this 12th day of Febn.~ary 2007, at Malibu, Califot ia~ aiid effective March 1, 2007.

CITY OF MALIBU
ATTE T: __________________________
JAMES THORSEN, City Manager
USA P )PE, City Clerk
seal) ATTORNEYS
PRI VED AS TO FORM: V
— By: Steve R~senblitt, Esq.
•_____ A47 J Dapeer Rosenblitt & Lilvak, LLF
~I UQGIN, C ttomey
82 City Council Agenda Report
Date Prepared: August 29, 1998
Meeting Date: September 14, 1998
TO: Mayor House and the Honorable Members of the City Council FROM: Christi Hogin, City Attorney
SUBJECT: Code Enforcement Services

RECOMMENDED ACTION
Approve request of Dapeer, Rosenblit & Litvak to increase rate billed for code enforcement services to $110 per hour.

DISCUSSION
The law firm ofDapeer, Rosenblit & Litvak has been providing legal services prosecuting municipal code violations under the supervision ofthe City Attorney since August of 1993. The firm has performed these services for the City at the rate of $95 per hour. During that time, the firm has become familiar with the City’s municipal code and has operated well with City staff. The firm is efficient and has not had an increase in the hourly rate since 1993. The proposed increase to $110 per hour is still a reasonable rate well below private sector rates for similar services (and less than most criminal defense lawyers). This increase will~effect the 9 8-00 budget because it is anticipated that, even at the increased rate, the City’s prosecution needs can be met under the current budget.

FISCAL IMPACT
The proposed increase is within the budget as adopted for the 1998-00 fiscal years.

ATTACHMENT TO REPORT

1. Request from Dapeer, Rosenblit & Litvak

2. Agreement for Legal Services
—
Iten

4.B.~ ~.
—
980914-4
83 ~ç~’iAo~.

Ci~ c2Vi± t~A’w1~ii
LAW 0 FF1 C ES
DAPEER, R0sENBLIT & LnvAK, LLP
MErROPOLITAN Cfl1ES OFFICE: PLEASE DIRECT MAILTO: WEST Los ANGELES OFFICE:
2770 B. SLAUSON AVENUE DRL MAIL CENTER zozo CENflJRY PARK EAST, SURE 2550 HUN11NGTON PARK, CA 90255-3099 POST OFFICE BOX 2067 LOS ANGELES, CA 90067-2801 TELEPHONE (2 13) 587-522 I HUNI1NGTON PARK, CALIFORNIA TELEPHONE 1310) 203-8200 FACSIMILE 1213) 587-4180 902 55-3099 FACSIMILE 13)0) 203-8213 STEVEN N. ROSENBLIr DAVIO SILBER
KENNETH B. DAPEER STEVEN E. HENRY
WILLIAM LRVAK CHRYSEIS A. SrARROS
ThEODORE B. KIVIAT
PATRICIA H. FITZGERALD
PAUL 0. FIX
May 19, 1998
City of Malibu
23555 Civic Center Way
Malibu, CA 90265
Attn: Christi Hogin, City Attorney
Re: Code Enforcement Services
Dear Ms. Hogin:

Our firm has enjoyed the privilege of serving your city since August, 1993. Our compensation rate of $95.00 per hour has remained constant during this time.

Escalating expenses and costs necessitate a request that our contract be modified to provide for a compensation rate of $110.00 an hour, effective July 1, 1998. In our experience, this figure is still well below what providers of similar code enforcement services charge. This proposed rate is guaranteed for two years.

We are very familiar with the municipal codes and have an excellent relationship with the judicial officers who hear the city’s cases. We work well with staff and have resolved several matters involving building, fire and zoning code violations.

In many instances, we have obtained voluntary compliance without the need for litigation, thereby conserving attorney’s fees. Where court actions have been necessary, we have obtained code compliance without the need for jury trials and have also recovered investigative costs for the city.

We are grateful for the city’s patronage. Please let me know of the City Council’s decision at your earliest convenience.

Si~~,~rours,
Steven ~R~senb1it
mal/hogrn 5.19.8
84 AGREEMENT FOR LEGAL SERVICES
This agreement made and entered into this _______ day of September 1998, by and between the City of Malibu, a municipal corporation (City”), and Dapeer Rosenblit & Litvak, LLP (“Attorneys’),
Services. Attorneys agree to perform the following services for the City:

A. Complete the following tasks:

1. Prosecute municipal code violations under the supervision of the City Attorney.

2. Provide other legal and consultative services as requested by the City Attorney.

II. Payment/Budget.

A. Compensation for Services. The City shall compensate Attorneys for services rendered at the following rate: $110 per hour. Attorneys may bill the City in minimum increments of one-tenth of an hour (.10). All office, travel, trial, deposition and meeting time shall be billed at this rate. Except for reimbursable expenses defined below, such compensation shall be the sole and total remuneration for the services rendered pursuant to this agreement.

B. Reimbursement of Expenses The City will reimburse actual, reasonable and necessary out-of-pocket expenses incurred by Attorneys in performing the services under this agreement as follows:

1. Actual long distance telephone charges

2. Photocopying at no more than $0.15 per page

3. Telecopying charges at no more than $1.00 per page

4. Computerized legal research at the actual amount charged to Attorneys

5. Statutory fees, witness fees, reporters’ per diem, stenographic transcriptions, jury fees and the cost of serving process
To obtain reimbursement, Attorneys will submit a summary of these expenses, along with supporting receipts, within 30 days of the expense being incurred.

Rosenblit.K2
85 Dapeer Rosenblit & Litvak, LLP
Agreement for Legal Services

Page 2 ends

III. Attorneys’ staffing.

A. Staffing. Attorneys agree all services required under this agreement will be performed or supervised by Steve Rosenblit.

Any change in the individuals used by Attorneys to provide the services required of Attorneys under this agreement is subject to the prior written approval of the City.

B. Independent Contractor. Attorneys, and anyone employed by Attorneys, are not and shall not be deemed to be employees of the City. Attorneys are solely responsible for the payment of employment taxes, workers compensation and any similar taxes for any employees.

C. Conflict of Interest. Attorneys represents that it presently has no material financial interest other than that that may be held by the general public and shall not acquire any interest, direct or indirect, in any contract or decision made on behalf ofthe City which may be affected by the services to be performed by Attorneys under this Agreement. Attorneys further agree that in performance ofthis Agreement, no person having any such interest shall be employed by it. IfAttorneys or its employees acquire a direct or indirect personal interest, such interest shall be immediately disclosed to the City and the interested individual shall abstain itself from any contracts or decisions under this Agreement.

In addition to the proscriptions regarding conflicts of interests imposed on attorneys by the Business and Professions Code and the Rules ofProfessional Conduct, particularly Rule 3- 3~O, Attorneys agree that no members ofAttorneys’ firm shall appear on behalf of any other client before any board, commission, committee or agency ofthe City or represent any client adverse to the City for a period of one year from the date of termination of attorney’s employment.

D. Nondiscrimination. In the performance of this Agreement, Attorneys shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national original, sexual orientation or medical condition. Attorneys shall take affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, national original, sexual orientation or medical condition. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recmitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training.

Rosenblit.K2
86 Dapeer Rosenblit & Litvak, LLP
Agreement for Legal Services

Page 3 ends

IV. ~ll~s All legal files of Attorneys pertaining to the City shall be and remain the property of the City. Attorneys will control the physical location of such legal files during the term of this agreement and shall be entitled to retain copies of such files upon termination of this agreement.

VI. Indemnification. Attorneys agree to hold harmless, indemnif~y and defend the City, its employees, agents and affiliates, for any and all loss or liability of any nature whatsoever arising out of or in any way connected with Attorneys’ performance of this agreement, including loss or liability caused by the City’s negligence, except loss or liability caused by the City’s sole willful conduct or active negligence.

VII. Termination. The City may terminate this agreement with or without cause and without notice. Attorneys may terminate this agreement with or without cause upon 30 days written notice.

VIII. Notice. Any notices under this agreement by either party to the other may be given by either personal delivery in writing or by mail. Notices must be delivered or mailed to the following:

To the City: Christi Hogin
City Attorney
23555 Civic Center Way
Malibu, California 90265
To Attorneys: Steven Rosenblit, Esq.

Dapeer Rosenblit & Litvak, LLP
2770 E. Slauson Avenue
Huntington Park, California 90255-3099
IX. Resolution ofFee Disputes. The City is entitled to require that any fee dispute be resolved by binding arbitration in Los Angeles pursuant to the arbitration rules of the Los Angeles County Bar Association for legal fee disputes. In the event that City Chooses not to utilize the Los Angeles County Bar Association’s arbitration procedures, City agrees that all disputes regarding the professional services rendered or fees charged by Attorneys shall be submitted to binding arbitration in Los Angeles to be conducted by the American Arbitration Association in accordance with its commercial arbitration rules.

Rosenblit.K2
87 Dapeer Rosenblit & Litvak, LLP
Agreement for Legal Services

Page 4 ends

X. Entire Agreement of the Parties. This agreement represents the parties’ final and mutual understanding. It replaces and supersedes any prior agreements, whether oral or written.

XI. Modifications. This agreement may not be modified or replaced except by another signed, written agreement.

XII. Attorneys’ Fees. If a party brings any action, including an action for declaratory relief~ to enforce or interpret the provisions of this agreement, the prevailing party is entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled.

Such fees may be set by the court in the same action or in a separate action brought for that purpose.

Executed at Malibu, California.

Dated: CITY OF MALIBU
By ______________________
MAYOR
ATTEST:

CITY CLERK
Executed at ______________________ California.

Dated: DAPEER, ROSENBLIT & LITVAK, LLP
By _________________

STEVEN ROSENBLIT
Rosenblit.K2
88 July 7, 1999
Law Offices of
BRADLEY W. HERTZ
6700 Falibrook Avenue, Suite 135
West Hills, California 91307
City of Malibu
23555 Civic Center Way, Malibu, California 90265
(310) 456-2429 Fax (310) 456-3356
City Clerk’s Office
RE: Request for Information
Dear Mr. Johnson:

In response to your inquiry, enclosed please find the current contract for Depeer, Rosenbilt & Litvak, LLP which indicates Mr. Peacock’s signature.

Thank you for your interest in the City of Malibu. Please do not hesitate to call should you require any further information.

Sincerely,

CITY OF MALIBU
j U IL ~ ~
Virginia J. Bloom
City Clerk
Enc:
vjb
~y( ~i
Vjb\Request for Information ltr.wpd This document is printed on recycled paper. 89 LAW OFFICES
DAPEER, R0sENBLIT & LrrvAK, LLP
METROPOLITAN C~ES OFFICE:
2770 E. SLAUSON AVENUE
HUN]1NGTON PARK, CA 90255-3099
TELEPHONE (323) 587-522 I
FACSIMILE (323) 587-4190
PLEASE OIRECT MAIL TO:

DRL MAIL CENTER
POST OFFICE BOX 2067
HUNTiNGTON PARK, CALIFORNIA
902 55-3099
WEST LOS ANGELES OFFICE:
2029 CENTURY PARK EAST, SUITE 2550
LOS ANGELES, CA 90067-290)
TELEPHONE (3)0) 203-8200
FACSIMILE (3)0) 203-82 13
STEVEN H. ROSENBLIT
KENNETH B. DAPEER
WILLIAM LflVAK
September 16, 1998
City of Malibu
23555 Civic Center Way
Malibu, CA 90265
Attn: Christi Hogin, City Attorney
Re: Agreement for Services
Dear Christi:

Enclosed please find an executed agreement for legal services.

DAVID SILBER
STEVEN E. HENRY
CHRYSEIS A. STARROS
ThEODORE B. KIVIAT
PATRICIA H. FITZGERALD
PAUL D. FIX
Thank you for your patronage and assistance in obtaining an increase in our compensation. Please extend our gratitude to the City Council as well.

Si cerel ours,
Steven . senblit
3(0
mal hogin 9.16.8
90 City of Malibu
23555 Civic Center Way, Malibu, California 90265
(310) 456-2489 Fax (310) 456-3356
City Attorney’s Office
September 15, 1998
Steve Rosenblit, Esq.

Dapeer Rosenblit & Litvak
2770 E. Slauson Avenue
Huntington Park, California 90255
Dear Steve:

Last night the City Council approved the enclosed Agreement for Legal Services which increases your firm’s hourly rate for code enforcement services to $110.00 per hour.

Please sign the enclosed and return it to me. I will have it signed by the mayor and will provide you with a copy for your files.

If you have any questions, please call me.

Very truly yours,
Christi Hogin
City Attorney
~ ~m I f
I ~ -~f ~ I
Enclosure v 1 —
I
~
/
‘~ ~ ~
jm\980915-lO This document is printed on recycled paper. 91 AGREEMENT FOR LEGAL SERVICES
This agreement made and entered into this 1 5~ day of September 1998, by and between the City ofMalibu, a municipal corporation (“City’), and Dapeer Rosenblit & Litvak, LLP (“Attorneys”), Services. Attorneys agree to perform the following services for the City:

A. Complete the following tasks:

1. Prosecute municipal code violations under the supervision of the City Attorney.

2. Provide other legal and consultative services as requested by the City Attorney.

II. Payment/Budget.

A. Compensation for Services. The City shall compensate Attorneys for services rendered at the following rate: $110 per hour. Attorneys may bill the City in minimum increments of one-tenth of an hour (.10). All office, travel, trial, deposition and meeting time shall be billed at this rate. Except for reimbursable expenses defined below, such compensation shall be the sole and total remuneration for the services rendered pursuant to this agreement.

B. Reimbursement ofExpenses The City will reimburse actual, reasonable and necessary out-of-pocket expenses incurred by Attorneys in performing the services under this agreement as follows:

1. Actual long distance telephone charges

2. Photocopying at no more than $0.15 per page

3. Telecopying charges at no more than $1.00 per page

4. Computerized legal research at the actual amount charged to Attorneys

5. Statutory fees, witness fees, reporters’ per diem, stenographic transcriptions, jury fees and the cost of serving process
To obtain reimbursement, Attorneys will submit a summary of these expenses, along with supporting receipts, within 30 days of the expense being incurred.

RosenblitK2
92 Dapeer Rosenblit & Litvak, LLP
Agreement for Legal Services

Page 2 ends

III. Attorneys’ staffing.

A.~ Staffing. Attorneys agree all services required under this agreement. will be performed or supervised by Steve Rosenblit.

Any change in the individuals used by Attorneys to provide the services required of Attorneys under this agreement is subject to the prior written approval of the City.

C. Conflict of Interest. Attorneys represents that it presently has no material financial interest other than that that may be held by the general public and shall not acquire any interest, direct or indirect, in any contract or decision made on behalf ofthe City which may be affected by the services to be performed by Attorneys under this Agreement. Attorneys further agree that in performance ofthis Agreement, no person having any such interest shall be employed by it. IfAttorneys or its employees acquire a direct or indirect personal interest, such interest shall be immediately disclosed to the City and the interested individual shall abstain itself from any contracts or decisions under this Agreement.

In addition to the proscriptions regarding conflicts of interests imposed on attorneys by the Business and Professions Code and the Rules ofProfessional Conduct, particularly Rule 3- 310, Attorneys agree that no members ofAttorneys’ firm shall appear on behalf of any other client before any board, commission, committee or agency ofthe City or represent any client adverse to th~ City for a period of one year from the date of termination of attorney’s employment.

D. Nondiscrimination. In the performance of this Agreement, Attorneys shall not discriminate against any employee or applicant for employment because of race, religion, color, sex; national original, sexual orientation or medical condition. Attorneys shall take affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, national original, sexual orientation or medical condition. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training.

Rosenblit.K2
93 Dapeer Rosenblit & Litvak, LLP
Agreement for Legal Services

Page 3 ends

IV. ~ji~s All legal files of Attorneys pertaining to the City shall be and remain the property of the City. Attorneys will control the physical location of such legal files during the term of this agreement and shall be entitled to retain copies of such files upon termination of this agreement.

VII. Termination. The City may terminate this agreement with or without cause and without notice. Attorneys may terminate this agreement with or without cause upon 30 days written notice.

VIII. Notice. Any notices under this agreement by either party to the other may be given by either personal delivery in writing or by mail. Notices must be delivered or mailed to the following:

To the City: Christi Hogin
City Attorney
23555 Civic Center Way
Malibu, California 90265
To Attorneys: Steven Rosenblit, Esq.

Dapeer Rosenblit & Litvak, LLP
2770 E. Slauson Avenue
Huntington Park, California 90255-3099
IX. Resolution ofFee Disputes. The City is entitled to require that any fee dispute be resolved by binding arbitration in Los Angeles pursuant to the arbitration rules of the Los Angeles County Bar Association for legal fee disputes. In the event that City Chooses not to utilize the Los Angeles County Bar Association’s arbitration procedures, City agrees that all disputes regarding the professional services rendered or fees charged by Attorneys shall be submitted to binding arbitration in Los Angeles to be conducted by the American Arbitration Association in accordance with its commercial arbitration rules.

Rosenblit.K2
94 Dapeer Rosenblit & Litvak, LLP
Agreement for Legal Services
Page4
X. Entire Agreement of the Parties. This agreement represents the parties’ final and mutual understanding. It replaces and supersedes any prior agreements, whether oral or written.

XI. Modifications. This agreement may not be modified or replaced except by another signed, written agreement.

XII. Attorneys Fees. If a party brings any action, including an action for declaratory relief to enforce or interpret the provisions of this agreement, the prevailing party is entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled.

Such fees may be set by the court in the same action or in a separate action brought for that purpose.

Executed at Malibu, California.

Dated: CITY OF MALIBU
By ______________________
MAYOR
ATTEST:

CITY CLERK
Executed at _____________________, California.

Dated: DAPEER, ROSENBLIT & LITVAK, LLP
By________________

STEVEN ROSENBLIT
Rosenblit.K2
95 City Council Agenda Report
Iten~

4.B.~.
~
Date Prepared:

Meeting Date:

August29, 1998
September 14, 1998
TO:

FROM:

SUBJECT:

Mayor House and the Honorable Members of the City Council Christi Hogin, City Attorney
Code Enforcement Services

RECOMMENDED ACTION
Approve request of Dapeer, Rosenblit & Litvak to increase rate billed for code enforcement services to $110 per hour.

DISCUSSION
The law firm of Dapeer, Rosenblit & Litvak has been providing legal services prosecuting municipal code violations under the supervision ofthe City Attorney since August of 1993. The firm has performed these services for the City at the rate of $95 per hour. During that time, the firm has become familiar with the City’s municipal code and has operated well with City staff. The firm is efficient and has not had an increase in the hourly rate since 1993. The proposed increase to $110 per hour is still a reasonable rate well below private sector rates for similar services (and less than most criminal defense lawyers). This increase will p~j effect the 98-00 budget because it is anticipated that, even at the increased rate, the City~s prosecution needs can be met under the current budget.

FISCAL IMPACT
The proposed increase is within the budget as adopted for the 1998-00 fiscal years.

ATTACHMENT TO REPORT

1. Request from Dapeer, Rosenblit & Litvak

2. Agreement for Legal Services
9809 ~4..4
96 pLp~.~
o~- t~L~1

LAW OFFICES
DAPEER, ROsENBLrF & LrrvAK, LLP
METROPOUTAN CrnES OFFICE: PLEASE DIRECT MAIL TO: WEST LOS ANGELES OFFICE:
2770 E. SLAUSON AVENUE DRL MAIL CENTER aozo CENTURY PARK EAST, SURE 2550 HUNTiNGTON PARK, CA 90255-3099 POST OFFICE BOX 2067 LOS ANGELES, CA 90067-2001 TELEPHONE (2 I 3) 587-522 I HUNflNGTON PARK, CALIFORNIA TELEPHONE 13 I 01 a03-e200 FACSIMILE 12 I 3> 587-4190 90255-3099 FACSIMILE 13101 203-82 13 STEVEN H. ROSENBLrr DAVID SILBER
KENNETH B. DAPEER STEVEN E, HENRY
WILLIAM LflVAK CHRYSEIS A. STARROS
ThEODORE B. KIV>AT
PATRICIA N. Ffl’ZGERALD
V PAUL D. FIX
May 19, 1998
City of Malibu
23555 Civic Center Way
Malibu, CA 90265
Attn: Christi Hogin, City Attorney
Re: Code Enforcement Services
Dear Ms. Hogin:

Our firm has enjoyed the privilege of serving your city since August, 1993. Our compensation rate of $95.00 per hour has remained constant during this time.

Escalating expenses and costs necessitate a request that our contract be modified to provide for a compensation rate of $110.00 an hour, effective July 1, 1998. In our experience, this figure is still well below what providers of similar code enforcement, services charge. This proposed rate is. guaranteed for two years.

In many instances, we have obtained voluntary compliance without the need for litigation, thereby conserving attorney’s fees. Where court actions have been necessary, have obtained code compliance without the need for jury trials and have also recovered investigative costs for the city.

We are grateful for the city’s patronage. Please let me know of the~ City Council’s decision at your earliest convenience.

S i~~’ours,
Steven ~“R~senb1it
mal/hogin 5.19.8
97 AGREEMENT FOR LEGAL SERVICES
This agreement made and entered into this _______ day of September 1998, by and between the City of Malibu, a municipal corporation (‘City), and Dapeer Rosenblit & Litvak, LLP (“Attorneys”),
Services. Attorneys agree to perform the following services for the City:

A. Complete the following tasks:

1. Prosecute municipal code violations under the supervision of the City Attorney.

2. Provide other legal and consultative services as requested by the City Attorney.

II. Payment/Budget.

A. Compensation for Services. The City shall compensate Attorneys for services rendered at the following rate: $110 per hour. Attorneys may bill the City in minimum increments of one-tenth of an hour (.10). All office, travel, trial, deposition and meeting time shall be billed at this rate. Except for reimbursable expenses defined below, such compensation shall be the sole and total remuneration for the services rendered pursuant to this agreement.

B. Reimbursement ofExpenses The City will reimburse actual, reasonable and necessary out-of-pocket expenses incurred by Attorneys in performing the services under this agreement as follows:

1. Actual long distance telephone charges

2. Photocopying at no more than $0.15 per page

3. Telecopying charges at no more than $1.00 per page

4. Computerized legal research at the actual amount charged to Attorneys

5. Statutory fees, witness fees, reporters’ per diem, stenographic transcriptions, jury fees and the cost of serving process
To obtain reimbursement, Attorneys will submit a summary of these expenses, along with supporting receipts, within 30 days of the expense being incurred.

Rosenblit.K2
98 Dapeer Rosenblit & Litvak, LLP
Agreement for Legal Services

Page 2 ends

III. Attorneys’ staffing.

A. Staffing. Attorneys agree all services required under this agreement will be performed or supervised by Steve Rosenblit.

Any change in the individuals used by Attorneys to provide the services required of Attorneys under this agreement is subject to the prior written approval of the City.

C. Conflict of Interest. Attorneys represents that it presently has no material financial interest other than that that may be held by the general public and shall not acquire any interest, direct or indirect, in any contract or decision made on behalf ofthe City which may be affected by the services to be performed by Attorneys under this Agreement. Attorneys further agree that in performance ofthis Agreement, no person having any such interest shall be employed by it. IfAttorneys or its employees acquire a direct or indirect personal interest, such interest shall be immediately disclosed to the City and the interested individual shall abstain itself from any contracts or decisions under this Agreement.

In addition to the proscriptions regarding conflicts of interests imposed on attorneys by the Business and Professions Code and the Rules of Professional Conduct, particularly Rule 3- 310, Attorneys agree that no members ofAttorneys’ firm shall appear on behalf of any other client before any board, commission, committee or agency ofthe City or represent any client adverse to the City for a period of one year from the date of termination of attorney’s employment.

D. Nondiscrimination. In the performance of this Agreement, Attorneys shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national original, sexual orientation or medical condition. Attorneys shall take affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, national original, sexual orientation or medical condition. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training.

Rosenblit.K2
99 Dapeer Rosenblit & Litvak, LLP
Agreement for Legal Services

Page 3 ends

IV. ~j~s All legal files of Attorneys pertaining to the City shall be and remain the property of the City. Attorneys will control the physical location of such legal files during the term of this agreement and shall be entitled tà retain copies of such files upon termination of this agreement.

VI. Indemnification. Attorneys agree to hold harmless, indemnify and defend the City, its employees, agents and affiliates, for any and all loss or liability of any nature whatsoever arising out of or in any way connected with Attorneys’ performance of this agreement, including loss or liability caused by the City’s negligence, except loss or liability caused by the City’s sole willful conduct or active negligence.

VII. Termination. The City may terminate this agreement with or without cause and without notice. Attorneys may terminate this agreement with or without cause upon 30 days written notice.

VIII. Notice. Any notices under this agreement by either party to the other may be given by either personal delivery in writing or by mail. Notices must be delivered or mailed to the following:

To the City: Christi Hogin
City Attorney
23555 Civic Center Way
Malibu, California 90265
To Attorneys: Steven Rosenblit, Esq.

Dapeer Rosenblit & Litvak, LLP
2770 E. Slauson Avenue
Huntington Park, California 90255-3099
IX. Resolution ofFee Disputes. The City is entitled to require that any fee dispute be resolved by binding arbitration in Los Angeles pursuant to the arbitration rules of the Los Angeles County Bar Association for legal fee disputes. In the event that City Chooses not to utilize the L~os Angeles County Bar Association’s arbitration procedures, City agrees that all disputes regarding the professional services rendered or fees charged by Attorneys shall be submitted to binding arbitration in Los Angeles to be conducted by the American Arbitration Association in accordance with its commercial arbitration rules.

Rosenblit.K2
100
Dapeer Rosenblit & Litvak, LLP
Agreement for Legal Services

Page 4 ends

X. Entire A~areement of the Parties. This agreement represents the parties’ final and mutual understanding. It replaces and supersedes any prior agreements, whether oral or written.

XI. Modifications. This agreement may not be modified or replaced except by another signed, written agreement.

Such fees may be set by the court in the same action or in a separate action brought for that purpose.

Executed at Malibu, California.

Dated: CITY OF MALIBU
By ______________________
MAYOR
ATTEST:

CITY CLERK
Executed at ______________________, California.

Dated: DAPEER, ROSENBLIT & LITVAK, LLP
By _________________

STEVEN ROSEMBLIT
Rosenblit.K2
101

AGREEMENT FOR LEGAL SERVICES
41\
This agreement made and entered into this \ ~ day of March 1998, by and between the City ofMalibu, a municipal corporation (HCityll), and Dapeer Rosenblit & Litvak, LLP (~AttomeysH), Services. Attorneys agree to perform the following services for the City:

A. Complete the following tasks:

1. Defend the City of Malibu in the matter of Gawin v. City of Malibu, Los Angeles County Municipal Court Case No. 98V0183.

2. Provide other legal and consultative services as requested by the City Attorney.

II. Payment/Budget.

A. Compensation for Services. The City shall compensate Attorneys for services rendered at the following rate: $125 per hour. Attorneys may bill the City in minimum increments of one-tenth of an hour (.10). All office, travel, trial, deposition and meeting time shall be billed at this rate. Except for reimbursable expenses defined below, such compensation shall be the sole and total remuneration for the services rendered pursuant to this agreement.

B. Reimbursement ofExpenses The City will reimburse actual, reasonable and necessary out-of-pocket expenses incurred by Attorneys in performing the services under this agreement as follows:

1. Actual long distance telephone charges

2. Photocopying at no more than $0.15 per page

3. Telecopying charges at no more than $1.00 per page

4. Computerized legal research at the actual amount charged to Attorneys

5. Statutory fees, witness fees, reporters per diem, stenographic transcriptions, jury fees and the cost of serving process
To obtain reimbursement, Attorneys will submit a summary of these expenses, along with supporting receipts, within 30 days of the expense being incurred.

Aoenda Item 16
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102
Dapeer Rosenblit & Litvak, LLP
Agreement for Legal Services

Page 2 ends

III. Attorneys’ staffing.

A. Staffing. Attorneys agree all services required under this agreement will be performed or supervised by Steve Rosenblit.

Any change in the individuals used by Attorneys to provide the services required of Attorneys under this agreement is subject to the prior written approval of the City.

C. Conflict of Interest. Attorneys represents that it presently has no material financial interest other than that that may be held by the general public and shall not acquire any interest, direct or indirect, in any contract or decision made on behalf of the City which may be affected by the services to be performed by Attorneys under this Agreement. Attorneys further agree that in performance ofthis Agreement, no person having any such interest shall be employed by it. IfAttorneys or its employees acquire a direct or indirect personal interest, such interest shall be immediately disclosed to the City and the interested individual shall abstain itself from any contracts or decisions under this Agreement.

In addition to the proscriptions regarding conflicts of interests imposed on attorneys by the Business and Professions Code and the Rules of Professional Conduct, particularly Rule 3- 310, Attorneys agree that no members ofAttorneys’ firm shall appear on behalf of any other client before any board, commission, committee or agency ofthe City or represent any client adverse to the City for a period of one year from the date of termination of attorney’s employment.

D. Nondiscrimination. In the performance of this Agreement, Attorneys shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national original, sexual orientation or medical condition. Attorneys shall take affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, national original, sexual orientation or medical condition. Such actions shall include, but no the limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training.

Agenda Item 16
Rosenblit.K Page 3 of 5
103
Dapeer Rosenblit & Litvak, LLP
Agreement for Legal Services

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IV. Files All legal files ofAttorneys pertaining to the City shall be and remain the property of the City. Attorneys will control the physical location of such legal files during the term of this agreement and shall be entitled to retain copies of such files upon termination of this agreement.

VI. Indemnification. Attorneys agree to hold harmless, indemnify and defend the City, its employees, agents and affiliates, for any and all loss or liability of any nature whatsoever arising out of or in any way connected with Attorneys’ performance of this agreement, including loss or liability caused by the City’s negligence, except loss or liability caused by the City’s sole willful conduct or active negligence.

VII. Termination. The City may terminate this agreement with or without cause and without notice. Attorneys may terminate this agreement with or without cause upon 30 days written notice.

VIII. Notice. Any notices under this agreement by either party to the other may be given by either personal delivery in writing or by mail. Notices must be delivered or mailed to the following:

To the City: Christi Hogin
City Attorney
23555 Civic Center Way
Malibu, California 90265
To Attorneys: Steven Rosenblit, Esq.

Dapeer Rosenblit & Litvak, LLP
2770 E. Slauson Avenue
Huntington Park, California 90255-3099
IX. Resolution of Fee Disputes. The City is entitled to require that any fee dispute be resolved by binding arbitration in Los Angeles pursuant to the arbitration rules of the Los Angeles County Bar Association for legal fee disputes. In the event that City Chooses not to utilize the Los Angeles County Bar Association’s arbitration procedures, City agrees that all disputes regarding the professional services rendered or fees charged by Attorneys shall be submitted to binding arbitration in Los Angeles to be conducted by the American Arbitration Association in accordance with its commercial arbitration rules.

Agenda Item 16 Rosenblit.K
104

Page 4 of 5 ends

Dapeer Rosenblit & Litvak, LLP
Agreement for Legal Services
Page4
X. Entire Agreement of the Parties. This agreement represents the parties’ final and mutual understanding. It replaces and supersedes any prior agreements, whether oral or written.

XL Modifications.
written agreement.

This agreement may not be modified or replaced except by another signed, XII. Attorneys’ Fees. If a party brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this agreement, the prevailing party is entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled.

Such fees may be set by the court in the same action or in a separate action brought for that purpose.

Dated:

Executed at Malibu, California.

ATTEST:

CITY OF MALIBU
CLERK
Executed at California.

Dated4~S~’5 /777 DAPEER, ROSENBLIT & LITVAK, LLP
By
ST ENRbSEN
Agenda Item 16

Page 5 of 5 ends

Rosenblit.K
105

AGREEMENT
THIS AGREEMENT, made and entered into this 9th day of
August, 1993, by and between the City of Malibu, a municipal corporation, 23805 Stuart Ranch Road, Malibu, California 90265, hereinafter referred to as “City”; and Dapeer and Rosenblit, a California partnership, hereinafter referred to as “Attorneys”:

WITNESSETH
WHEREAS, City desires to engage Attorneys to prosecute
violations of City ordinances; and
WHEREAS, the principal members of Attorneys are
attorneys duly licensed under the laws of the State of
California and experienced in providing prosecutorial services:

NOW, THEREFORE, the parties hereto agree as follows:

1. Description of Work. City engages Attorneys to
serve as City Prosecutor for the City. Attorneys shall
investigate and prosecute violations of City ordinances referred to Attorneys. The services shall include reviewing police or other City reports and request for criminal
prosecution, making determinations on whether to file a criminal complaint, preparing and serving complaints,
representing City at arraignments, interviewing witnesses, performing necessary legal research in connection with
prosecutions, recommending changes and amendments to the 106
Malibu Municipal Code to facilitate enforcement and advis ing department directors and law enforcement personnel on criminal procedures. All recommendations for amendments to the Malibu Municipal Code shall be referred to the City Attorney for review and preparation of any necessary ordinances.

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. The term of this Agreement shall be from
August 9, 1993 through August 8, 1994. The Agreement may be extended for additional one year periods on the same terms and conditions and at such rates as may be agreed to by the parties.

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
execution of the Agreement by the parties hereto does not constitute an authorization to proceed. The services of —2—
107
Attorneys in connection with any prosecution are to commence only when the City Manager or his designee shall have assigned the prosecution 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 represent ative. The designated representative shall be the City Manager or his designee authorized in writing, who shall be the prin cipal officer of City for liaison and shall constantly review and give his or her approval of the details of the work as it progresses.

7. Compensation. City shall pay to Attorneys for
services performed by Attorneys hereunder, within thirty (30) days following receipt from attorneys and approval by the City of original invoices therefor, fees at the rate of $95.00 per hour for services provided hereunder by duly licensed attorneys.

Attorneys also shall be reimbursed for all out—of—pocket expenses reasonably and necessarily incurred by attorneys in connection with the services performed hereunder. Invoices shall be prepar ed by Attorneys on forms mutually agreed to by the parties hereto in order to facilitate the processing of City payments.

Said form shall itemize the number of hours or portions thereof devoted by Attorneys to each prosecution for each day covered by the statements.

8. Termination for Convenience. The City Council
of City may terminate this Agreement at any time without cause by giving written notice to Attorneys of such termination and —3—
108
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 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.

9. Termination for Cause.

A. The City Council of City may, by written
notice to Attorneys, terminate the whole or any part of this Agreement in any of the following circumstances:

1. If Attorneys fail to perform the services
called for by this Agreement promptly and with due diligence; or called for by this Agreement or so fail to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these circumstances do not correct such failure within a period of ten (10) days (or such longer period as City may authorize in writing) after receipt of notice from City specifying such failure.

B. In the vent City terminates this Agreement
in whole or in part as provided in Paragraph A of this Section 9, City may procure from others, upon such terms and such man ner as it may determine appropriate, services similar to those terminated.

C. If this Agreement is terminated as provided
in Paragraph A of this Section 9, City may require Attorneys to provide all finished or unfinished documents prepared by Attor neys. Upon such termination, Attorneys shall be paid an amount equal to the contract amount, less the cost of hiring another —4—
109
attorney to review Attorneys’ services rendered in connection with uncompleted matters. In the event no new Attorneys are employed, Attorneys shall be paid an amount equal to the value to City of the work performed by Attorneys, not to exceed the hours expended by Attorneys under this agreement multiplied by the rates set forth in Section 7. In ascertaining the value of the work up to the date of termination of this Agreement, con sideration shall be given to both completed work and work in progress, to complete and incomplete complaints, and to other documents delivered to City and to authorized reimbursable expenses.

D. If, after notice of termination of the
Agreement under the provisions of this Section 9, it is deter mined for any reason that Attorneys were not in default or that the default was excusable, then the rights and obligation of the parties shall be the same as if the notice of termination has been issued pursuant to Section 8.

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 supple mental 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. Subcontractors. Responsible individuals for
Attorneys’ performance under this Agreement shall be Steven H.

Rosenblit and Kenneth B. Dapeer. These persons shall not be changed nor any subcontractors employed without the express written consent of City.
—5—
110

12. Indemnity and Insurance.

A. Attorneys agree to indemnify, hold harmless,
and defend City, its officers and employees, from and against any and all claims, losses, obligations, or liabilities whatso ever incurred in or in any manner arising out of or related to Attorneys’ negligent or willful acts, errors or omissions, or those of its employees or agents.

B. 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 auto mobile 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. Such insurance shall not be can cellable without thirty (30) days’ prior written notice to the City Manager of City. The liability policy shall name city, its officers, employees and agents as additional insureds. In addi tion, Attorneys shall procure and maintain in force a legal malpractice (errors and omissions) policy in an amount of not less that $500,000.00 per claim and worker’s compensation insurance in accordance with Section 3700 of the Labor Code. —6—
111

13. Independent Contractor. Attorneys shall be
independent contractors and shall not incur or 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 inter est, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agree ment. No person having such interest shall be employed by or associated with Attorneys.

15. Compliance with Law. Attorneys shall comply with
all federal, 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 respon sibility as required by applicable professional standards and rules of conduct.

16. Findings Confidential. All of the reports, infor
mation, 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 the City.

17. 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 may be used in any manner by City without providing additional compensation to Attorneys. —7—
112

18. 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.

21. Notice. Any notice or notices required or
permitted to be given pursuant to this contract may be person ally 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
2770 E. Slauson Ave.

Huntington Park, CA 90255—3099
City of Malibu
23805 Stuart Ranch Road
Malibu, CA 90265
—8—
113

22. Oral Modification. This agreement supersedes all
prior proposals, agreements arid understandings between the parties and may not be changed or terminated orally, and no change, termination, or attempted waiver or any of the provi sions hereof shall be binding unless in writing and signed by the party against whom the same is sought to be enforced.

IN WITNESS WHEREOF, said parties have executed this
Agreement the date first hereinabove written.

CITY OF MALIBU
71 /1 4/ /j By: ( ~
CAROLYN Vi~N HORN,
Mayor
ATTEST:
\I~q ~~M4~-
TORY FgEEMAN
Deput~~ City Clerk
7 V., DAPEER & ROSENBLIT
By~/~/
0843C
—9—
114
City ofMalibu
23805 Stuart Ranch Road, Suite 245 Malibu, California 90265 (310) 456-CITY Fax (310) 456-3356 Tory Freeman
Deputy City Clerk
August 16, 1993
Steven H. Rosenblit
2770 East Slauson Avenue
Huntington Park, CA 90255-3099
Dear Mr. Rosenblit:

Please find enclosed two copies of the agreement between your firm and the City of Malibu for prosecutorial services. Please sign each copy and return one to me in the enclosed envelope. The remaining copy is for your files.

Thank you for your attention to this.

Sincerely,
4 ‘1—
Tor~4~’reeman
Deputy City Clerk
115

LAW OFFICES
DAPEER 8 ROSENBLIT
STEVEN H. ROSENBLIT 2770 EAST SLAUSON AVENUE
KENNETH B. DAPEER HUNTINGTON PARK. CALIFORNIA 90255-3099

ROCHELLE REBEN
TELEPHONE (213) 587-5221

WILLIAM LITVAK
OF COUNSEL FACSIMILE (213) 587-4)90

NEXT DAY MAIL
July 20, 1993

CITY OF MALIBU
23805 Stuart Ranch Road, Suite 245
Malibu, CA 90265
Attn: David N. Carmany, City Manager
Re: Agreement for Prosecutorial Services
Dear Mr. Carmany:

Pursuant to our telephone conversation of yesterday, enclosed please find two original agreements for prosecutorial services, one of which I have signed on the chance that this will provide a convenience to you.

Please advise me if you would like our firm to be present for the August 9, 1993 council meeting, at which you indicated that the council would consider our employment.

Thank you for your continued support in our effort to work for your city.
in erei4~ A
~
STEVEN i11. ROSEN E11T
MD/st
20l8J—3
Ends.
116

NOW, THEREFORE, the parties hereto agree as follows:

1. Description of Work. City engages Attorneys to
serve as City Prosecutor for the City. Attorneys shall
investigate and prosecute violations of City ordinances referred to Attorneys. The services shall include reviewing police or other City reports and request for criminal
prosecution, making determinations on whether to file a criminal complaint, preparing and serving complaints,
representing City at arraignments, interviewing witnesses, performing necessary legal research in connection with
prosecutions, recommending changes and amendments to the 117
Malibu Municipal Code to facilitate enforcement and advis ing department directors and law enforcement personnel on criminal procedures. All recommendations for amendments to the Malibu Municipal Code shall be referred to the City Attorney for review and preparation of any necessary ordinances.

4. Personnel.

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 —2—
118
Attorneys in connection with any prosecution are to commence only when the City Manager or his designee shall have assigned the prosecution to Attorneys. Attorneys shall have no claim for compensation for services on any work upon which the City does not assign to Attorneys.

Said form shall itemize the number of hours or portions thereof devoted by Attorneys to each prosecution for each day covered by the statements.

8. Termination for Convenience. The City Council
of City may terminate this Agreement at any time without cause by giving written notice to Attorneys of such termination and —3—
119
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 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.

9. Termination for Cause.

A. The City Council of City may, by written
notice to Attorneys, terminate the whole or any part of this Agreement in any of the following circumstances:

C. If this Agreement is terminated as provided
in Paragraph A of this Section 9, City may require Attorneys to provide all finished or unfinished documents prepared by Attor neys. Upon such termination, Attorneys shall be paid an amount equal to the contract amount, less the cost of hiring another —4—
120
attorney to review Attorneys’ services rendered in connection with uncompleted matters. In the event no new Attorneys are employed, Attorneys shall be paid an amount equal to the value to City of the work performed by Attorneys, not to exceed the hours expended by Attorneys under this agreement multiplied by the rates set forth in Section 7. In ascertaining the value of the work up to the date of termination of this Agreement, con sideration shall be given to both completed work and work in progress, to complete and incomplete complaints, and to other documents delivered to City and to authorized reimbursable expenses.

13. If, after notice of termination of the
Agreement under the provisions of this Section 9, it is deter mined for any reason that Attorneys were not in default or that the default was excusable, then the rights and obligation of the parties shall be the same as if the notice of termination has been issued pursuant to Section 8.

11. Subcontractors. Responsible individuals for
Attorneys’ performance under this Agreement shall be Steven H.

Rosenblit and Kenneth B. Dapeer. These persons shall not be changed nor any subcontractors employed without the express written consent of City.
—5—
121

12. Indemnity and Insurance.

13. Independent Contractor. Attorneys shall be
independent contractors and shall not incur or have the power to incur any debt, obligation or liability whatever for or against City.

Dapeer & Rosenblit
2770 E. Slauson Ave.

Huntington Park, CA 90255—3099
City of Malibu
23805 Stuart Ranch Road
Malibu, CA 90265
—8--
124

22. Oral ~‘iodification. This agreement supersedes all
prior proposals, agreements and understandings between the parties and may not be changed or terminated orally, and no change, termination, or attempted waiver or any of the provi sions hereof shall be binding unless in writing and signed by the party against whom the same is sought to be enforced.

IN WITNESS WHEREOF, said parties have executed this
Agreement the date first hereinabove written.

CITY OF MALIBU
By:

CAROLYN
~
V~N HORN,
Mayor
ATTEST:

TORY F~EEMAN
Deput~Y City Clerk

DAPEER & ROSENBLIT
By:
0843C
—9—
125

Page 1 of 2 ends

Malibu City CouncilJune 10, 2024

Malibu City Council
June 10, 2024