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INSURANCE ON FILE <br />WORK MAY PROCEED N-2018-176 <br />eNTIL INSURANCE] EXPIRES <br />CLERK OF COUNCIL <br />DAM 9-c2'7-1Y SPECIAL LEGAL COUNSEL SERVICES AGREEMENT <br />\ <br />c�) This AGREEMENT, is made and entered into this 17th day of August, 2018, by and <br />N between Garcia Rainey Blank-&,Bowerbank, LLP; a limited liability partnership ("Attorneys"), <br />Councilmember David Benavides ("Benavides") 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. Benavides wishes to retain Attorneys for the provision of legal services to Benavides for <br />matters involving the City. The City agrees to pay legal fees on behalf of Benavides but the <br />representation is solely for, and on behalf of, Benavides, and <br />B. Attorneys represent that they are licensed to practice law in the State of California, have <br />special experience and knowledge related to civil litigation matters concerning general <br />liability, personnel and municipal law, 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 Benavides hereby agrees to and does retain Attorneys, for <br />the compensation hereinafter specified, to assist Benavides with litigation matters involving the City, <br />Specifically, Attorneys will represent Councilmember. Benavides for his deposition, and other <br />matters as may arise in the case of Rojas v. City of Santa Ana. For purposes of this Agreement, <br />Councilmember Benavides is the client and the fees will be covered by the City. Attorneys accept <br />said retention and agree to perform, in a timely -and efficient manner, all such services as may be <br />requested by Benavides within the scope of this engagement, or by the City Attorney on behalf of <br />Benavides, within the scope of this engagement, if Benavides consents. Attorneys shall confirm their <br />acceptance of such work requested in writing by e-mail or letter. While the City is paying Benavides's <br />fees, Attorneys are bound not to permit any interference by the City with independence of our <br />professional judgment or with the attorney-client relationship. <br />2. COMPENSATION FOR SERVICES RENDERED <br />a. City agrees to compensate Attorneys, and Attorneys agree to accept from City for <br />payment in full for all services for the foregoing services, a billing rate for partners Norma Garcia <br />Guillen and Jeffrey M. Blank at the rate of $325 an hour. All other attorneys will be billed at a rate <br />of $275 an hour. Time will be billed in 1/10th 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 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 in connection with the performance of duties under this Agreement. In-house printing, <br />copying, and reproduction charges will be reimbursed at the rate of 20 cents per page. Automobile <br />