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25I - AGMT - SPECIAL LEGAL SRVS
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25I - AGMT - SPECIAL LEGAL SRVS
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Last modified
6/12/2014 3:55:15 PM
Creation date
6/12/2014 3:01:56 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Attorney's Office
Item #
25I
Date
6/17/2014
Destruction Year
2019
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PROPOSED SERVICES AND RATES <br />A. CODE ENFORCEMENT <br />1. Criminal Prosecutions <br />a. Police - Issued Citations For Public Peace Related Violations <br />FLAT RATE: $475 per case; $159 per hour for trial. <br />Mr. Silver and Mr. Wright have tremendous experience in criminally prosecuting <br />misdemeanor and infraction violations of municipal codes. We have successfully prosecuted <br />hundreds of cases involving all types of code violations, from excessive noise and public offenses to <br />businesses operating without a business license and other operations violations. Our experience <br />includes handling cases from investigation and case evaluation through trial and enforcement of <br />probation. As always, we place the client in the best position possible to recover all of its fees and <br />costs. <br />Silver & Wright proposes a flat rate of $475 per criminal case, which includes assisting staff <br />with the investigation, reviewing the evidence and the citation of complaint drafting, appearing in <br />court at the arraignment, and pre -trial hearing, all connnunications with opposing counsel and City <br />staff, and case updates. If the case proceeds to trial, a blended hourly rate of $159 for attorneys and <br />$100 for paralegals and law clerics would apply to handle the trial readiness hearing, trial proceedings, <br />and any subsequent appeals or conviction enforcement proceedings. <br />b. Violations Based on Zoning, Public Nuisance, and Other Violations <br />RATE: $159 per hour. <br />As with general code enforcement prosecutions, we have successfully prosecuted hundreds <br />of criminal cases based on violations of zoning regulations and public nuisance provisions. In Santa <br />Ana, this would refer to criminal enforcement of Chapter 41 and Chapter 17, Article 1 (property <br />based public nuisances'). <br />Criminal prosecutions involving these types of violations often involve additional drafting, <br />negotiations and court appearances, as well as enforcement efforts to ensure probation or civil <br />compromise terms are being followed. As such, Silver & Wright would propose an hourly rate of <br />$159 for attorneys and $100 for paralegals and law clerks. Cost recover; is particularly effective in <br />these types of cases. <br />2. Civil Litigation <br />RATE: $179 per hour. <br />Code enforcement actions often necessitate civil litigation to enjoin and abate nuisances, and <br />recover civil penalties. At Silver & Wright, we have handled numerous such lawsuits for cities with <br />great success. We are particularly knowledgeable of the array of special cases and laws that apply to <br />abatement of public nuisances and the particular procedures that will help ensure success for our <br />clients. In addition, we are experts in identifying and implementing the right strategy and remedies <br />for the particular situation. From marijuana dispensaries to substandard housing and land use <br />251 -10 <br />
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