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N-2018-177 <br />0. CA'0 Ct) <br />a*n old* 'Phis AGR13LMENT, is made and entered into this lGth day of August, 2018, by and <br />vv between Charles E..Me, lung, Jr. ("Attorney"), and the City of Santa Ana, a charter city and <br />municipal corporation duly organized and existing under the constitution and laws of the State of <br />California (°`City"). <br />RECITALS <br />A. City desires to employ Attorney to assist the in-house attorneys for the City ("City <br />Attorney") in the provision of legalcu sricessda'tltity, sand <br />B. Attorney represents that he is licensed to practice law in the State of California, has special <br />experience and knowledge related to civil litigation matters concerning general liability, <br />personnel and municipal law, and desires to undertake said services. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terns and conditions hereinafter set forth, the parties agree as follows; <br />1. R1 TIENTION O Al"l'ORNLY City hereby agrees to and does retain Attorney, for the <br />compensation hereinafter specified, to assist the City Attorney with litigation filed against the City, <br />for general advice, representation of Councilmembers and legal review on a case-by-case basis <br />when urgent matters arise to defend the City, its employees and its officials. Specifically, <br />Attorney -will represe nt Mayor'IWligitel Pulido igr,his deposition, and, other matters as may arise <br />in the caseof Rojas v. City of Santa Ana. Attorney accepts said retention and agrees to perform, in <br />a timely and efficient manner, all such services as may be requested by the City Attorney. Attorney <br />shall confirm his acceptance of work requested by City in writing by e-mail or letter. <br />2. CO NSATION FOR SER U.CI S R1 N17I RG1?. <br />a. City agrees to compensate Attorney, and Attorney agrees to accept from City for <br />payment in full for all services for the foregoing services, a billing rate of $275 an hour. Time will <br />be billed in I Jl 0th of an hour increments. <br />b. The total sum to be expended under this Agreement, shall not exceed .$25,000; <br />including any extension periods. <br />C. City agrees to reimburse Attorney 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 in connection with the performance of duties under this Agreement. Inhouse printing, <br />copying, and reproduction charges will be reimbursed at the rate of 20 cents per page. Automobile <br />travel will be reimbursed at the standard mileage rate in effect at the time of billing by the Internal <br />Revenue Service. Any costs in excess of $5,000 require City Attorney approval prior to incurring <br />the expense. All expenses must have supporting documentation submitted with the invoice. <br />