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LEGAL SERVICES AGREEMENT WITH <br />BEST, BEST & KRIEGER, LLP <br />This AGREEMENT, made and entered into this 18th day of September, 2018, by and between <br />Best, Best & Krieger LLP ("Attorneys'), and the City of Santa Ana, a charter city and municipal <br />corporation duly organized and existing under the constitution and laws of the State of California <br />("City"). <br />RECPI'ALS <br />A. The City of Santa Ana and the City Attorney's Office desires to employ Attorneys to assist <br />the in-house attorneys for the City in the provision of legal services to the City, for legal <br />analysis, audit and legal advice related to payroll practices, public employment taxation <br />matters, and employee benefit matters by a firm with specialized expertise. <br />B. Attorneys represent that they are licensed to practice law in the State of California, have <br />special experience and knowledge related to payroll practices, public employment taxation <br />issues, and employee benefit matters and desire to undertake said services. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the <br />compensation hereinafter specified, to assist the City Attorney's Office with analysis, an audit, and <br />legal advice regarding payroll practices, public employment taxation matters, and employee benefit <br />matters, specifically but not limited to FLSA classification and compliance; Ca1PERS reporting; <br />employee:benefits, payroll taxes, and payroll practices ("the Assignment'. Attorneys accept said <br />retention and agree to perform, in a timely and efficient manner, the Assignment as requested by the <br />City Attorney's Office. <br />2. COMPENSATION FOR SERVICES RENDERED <br />a. City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and <br />for payment in full for all services for the Assignment, Partners will be billed at the rate of $350-$425 <br />an hour, $290 for all Associates, and $180 an hour for paralegals and law clerks. Time will be billed <br />in 1/10th of an hour increments. <br />b. The total sum to be expended under this Agreement, shall not exceed two hundred V/Y <br />thousand dollars ($200,000), including;an •extehsron,penods <br />C. City agrees to reimburse Attorneys for out-of-pocket expenses, including but not <br />limited to, mileage, copying costs, service of process, and mail services authorized by the City <br />Attorney's Office in connection with the performance of duties under this Agreement. In-house <br />printing, copying, and reproduction charges will be reimbursed at the rate of 20 cents per page. <br />Automobile travel will be reimbursed at the standard mileage rate in effect at the time of billing by <br />the Internal Revenue Service. Any costs in excess of $5,000 requires the approval of a Senior <br />251-3 <br />