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25I - AGMT - SPECIAL LEGAL SRVS
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25I - AGMT - SPECIAL LEGAL SRVS
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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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violations, Mr. Silver and Mr. Wright have obtained numerous victories for public entity clients and <br />have handled matters from inception through case disposition. <br />For these services, Silver & Wright proposes a blended rate of $179 per hour for attorneys <br />and $100 per hour for paralegals and law clerks. <br />3. Graffiti Enforcement and Restitution <br />RATE: $179 per hour. <br />Graffiti is not just an eyesore for communities, it also stifles the sense of safety and cohesion <br />in a neighborhood and acts as a communication mechanism for gangs. Cleaning up graffiti costs <br />cities and taxpayers tens to hundreds of thousands of dollars each year. <br />At Silver & Wright, we recognize that cities should not bear the brunt of these costs, <br />especially in these lean economic times when funds and personnel are limited. As such, our <br />attorneys have developed and successfully implemented cutting -edge ordinances that allow cities to <br />comprehensively attack graffiti, recover their costs and deter graffiti in the future. <br />Our strategy involves maximizing a city's graffiti fighting powers under State law. We create <br />tools for tides to recover their clean up and investigation costs, then penalize the taggers, and if a <br />minor, the parents as well. In the last six months alone, we have obtained over $50,000 in judgments <br />against taggers and their parents — cost recovery that otherwise would have been lost. Moreover, <br />unlike juvenile court restitution, our cost recovery process does not stop when the juvenile's <br />probation ends. This means cities have at least a 10 year window for recovery instead of just a few <br />months or a year. <br />This approach leads to reduced graffiti, more parental responsibility and supervision over <br />their minors, and allows the city to maintain a source of revenue to clean up graffiti. One city <br />reported a 50% decrease in graffiti expenses following these successful efforts. At the very least, this <br />strategy sends a strong message to taggers and gang members that their conduct will not be <br />tolerated. <br />We would assist City staff in developing and implementing this program by drafting <br />appropriate ordinances, working with enforcement officials to obtain the necessary evidence, <br />prepare and issue demand letters to taggers and parents, conducting settlement negotiations, <br />pursuing civil litigation to recover the city's costs and impose penalties, and helping the City enforce <br />the judgment and recover its award. <br />For these specialized and unique services, Silver & Wright proposes a blended hourly rate of <br />$179 per hour for attorneys and $100 per hour for paralegals and law clerks. <br />4. Administrative Cost Recovery, Appeals and Nuisance Hearings <br />RATE: $179 per hour. <br />Mr. Silver and Mr. Wright have tremendous experience in administrative proceedings, <br />including cost recovery hearings, appeals of administrative fines and actions, and nuisance <br />abatement hearings. <br />251 -11 <br />
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