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INSURANCE NO`1 ON FILA WORK MAY(M PROCEED CLERK OF COUNCIL 0 ® DATE; MAY 0 2 7016 SPECIAL LEGAL COUN$(_L SERVIQES A REEMENT A-2018-023 This AGREEMENT, made and entered into this 61h day of February, 2018, by and between Cota Cole & Huber, a Limited Liability Partnership ("Attorneys"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ("City"). A. City desires to employ Attorneys to assist the in-house attorneys for the City ("City Attorney") in the provision of police defense legal services to the City, and B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the field of municipal litigation, specifically, police defense litigation and related personnel matters, and desire to undertake said services. C. City and Attorneys entered into a prior Agreement to provide legal services in December 2017, for an impending appellate court hearing. City agrees to pay Attorneys for legal services incurred from the time period established for this prior December 2017 Agreement up to the date of this Agreement for any work that may have exceeded the compensation amount listed in the previous Agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1, RETENT QN OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney with police defense litigation and personnel matters. Attorneys accept said retention and agree to perform, in a timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e-mail or letter. 2. COMPENSATION FOR SERVICES RENDERED a. Compensation shall be based on the actual amount of time spent in adequately performing the Services, and shall be billed at the rate of $225 for partners, $205 an hour for associates and $165 an hour for paralegal work, Time will be billed in 1/10th of an hour increments. b. The total sum to be expended under this Agreement shall not exceed $250,000 during the term of this Agreement. c. City agrees to reimburse Attorneys for out-of-pocket expenses, includingbutnot limited to, mileage, expert witness fees, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. Copying charges will be reimbursed at the rate of 10 cents per page. Any costs in excess of $5,000 require City Attorney approval prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice. Exhibit 1