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INSURANCE NOT ON FILE N-2019-013 K MAY NOT PROCEED LERK OF COUNCIL crcm C %� JAN 2 4ITH RLE L SERVICES BRowN & Bo1�AGREEMEN LWLLPGIIT BROWN & BONEST E WLLP �v�no�a'u� This AGREEMENT, made and entered into this 21st day of December, 2018, by and between HaightBrovm & Bonesteel, LLP, a California 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"). RECITALS A. The City of Santa Ana and the City Attorney's Office desire to employ Attorneys to assist the in-house attorneys for the -City ("City Attorney") in the provision of legal- services to the City. B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge related to administrative and litigation matters concerning general liability, personnel and police,matters, 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: I. RETENTION OF ATTORNEYS On an as -needed basis, and at the sole discretion of the City, City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney with the defense of the City and its employees in tort matters, including but not limited to acting as conflict counsel and general tort defense. 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 Attomeys agree to accept from City, as and for payment in full for all services compensation at the rate of $225 an hour for all attorneys and $125 an hour for paralegal work. Time will be billed in 1/10s' of an hour increments. b. The total sum to be expended under this Agreement shall, notexceed;$25,000, during the term of this Agreement. 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. The City will not reimburse Attorneys for Lexis, Westlaw or other paid legal research subscription services unless extraordinary research is required and approved in writing by the City. 1