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N-2019-198 INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: OCT 01 niq LEGAL SERVICES AGREEMENT WITH RING BENDER LLP O GR00) -0avXL This AGREEMENT, made and entered into this 9th day of July, 2019, by and between Ring .!o vr�Bender LLP ("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 desires to employ Attorneys to assist the in-house attorneys for the City ("City Attomey'� 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 in the field of municipal litigation, specifically litigation regarding the abatement of public nuisances, 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 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 litigation related to the abatement of public nuisances within the 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, as and for payment in foil for all services for the foregoing services, Partners will be billed at the rate of $310 an hour and associates will be billed at $265. Time will be billed in 1/1 Oth of an hour increments. b. The total sum to be expended under this Agreement for attorneys' fees and out-of- pocket expenses, shall not exceed fifty thousand dollars ($50,000), including any extension periods. The City Attorney acknowledges and agrees that if Attorneys incur attorneys' fees and costs in excess of $50,000 in any nuisance matter, Attorneys agree to seek the overage solely from the property owner(s) or against the property at issue in the nuisance matter(s). C. City agrees to reimburse Attorneys for out-of-pocket expenses, including but not limited to, transcription, 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.