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INSURANCE ON FILE t-WORK MAY PROCEED N-2018-174 IL INSURANCE EXPIRES CLERK OF COUNCI DATE: 9- y28'J SPECIAL LEGAL COUNSEL SERVICES AGREEMENT ®'.CA00) tThis AGREEMENT, is made and entered into this 17th day of August, 2018, by and een McCune & Barber, LLP, 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 C"City"), RECITALS A. City desires to employ Attorneys to assist the in-house attorneys for the City ("City Attorney") in the provision of 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 related to civil litigation matters concerning general liability, personnel and municipal law, and desire to undertake said services. 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. RETENTION OP ATTORNEYS City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney with litigation filed against the City, for general advice, representation of Councilmembers and legal review on a case-by-case basis when urgent matters arise to defend the City, its employees and its officials. Specifically, Attorneys will represent Councilmembers Michelle Martinez and Juan Villegas for their depositions, and other matters as may arise in the case of Rojas v. City of Santa Ana. 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. City agrees to compensate Attorneys, and Attorneys agree to accept from City for payment in full for all services for the foregoing services, a billing rate for Partners at the rate of $275 an hour. Time will be billed in 1/10th of an hour increments. b. The total sum to he expended under this Agreement, shall not exceed $25,000, including any extension periods. C. City agrees to reimburse Attorneys for out-of-pocket expenses, including but not limited to, mileage, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. In-house printing, copying, and reproduction charges will be reimbursed at the rate of 20 cents per page. Automobile travel will be reimbursed at the standard mileage rate in effect at the time of billing by the internal Revenue Service. 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.