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LEGAL SERVICES AGREEMENT WITH <br />RUTAN & TUCKER, LLP <br />This AGREEMENT, made and entered into this 3rd day of March, 2020, by and between <br />Rutan & Tucker LLP ("Attorneys"), and the City of Santa Ana, a charter city and municipal <br />corporation duly organized and existing under the constitution and laws of the State of California <br />("City"). Collectively City and Attorneys are also referred to as "the Parties." <br />RECITALS <br />A. The City of Santa Ana and the City Attorney desires to employ Attorneys to assist the in- <br />house attorneys for the City ("City Attorney") in the provision of legal services to the City, <br />Borland use and/or litigation regarding compliance with the California Environmental Quality <br />Act ("CEQA") and related matters by a firm with specialized expertise. <br />B. Attorneys represent that they are licensed to practice law in the State of California, have <br />special experience and knowledge providing administrative, advisory and litigation services <br />concerning personnel, labor and employment matters, and desire to undertake said services. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to <br />the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. RETENTION OF ATTORNEYS On an as -needed basis, and at the sole discretion of the <br />City, City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to <br />assist the City Attorney with advisory matters and litigation filed against the City related solely to <br />that certain petition for writ of mandate filed in Orange County Superior Court captioned Santa <br />Ana Citizens. for Responsible Development v. City of Santa Ana (OCSC No. 30-2019-01119794). <br />Attorneys accept said retention and agree to perform, in a timely and efficient manner, all such <br />services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work <br />requested by City in writing by e-mail or letter. <br />2. COMPENSATION FOR SERVICES RENDERED <br />a. City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and <br />for payment in full for all services for the foregoing services, all attorneys will bill their time at <br />$375/hour and 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 one hundred <br />and fifty thousand dollars ($150,000), including any extension periods. <br />C. City agrees to reimburse Attorneys for out-of-pocket expenses, including but not <br />limited to, transcription, mileage, copying costs, service of process, and mail services authorized by <br />the City Attorney in connection with the performance of duties under this Agreement. In-house <br />printing, copying, and reproduction charges will be reimbursed at the rate of 20 cents per page. <br />Automobile travel will be reimbursed at the standard mileage rate in effect at the time of billing by <br />the Internal Revenue Service. Any costs in excess of $5,000 require City Attorney approval prior to <br />incurring the expense. All expenses must have supporting documentation submitted with the invoice. <br />N29212v4 2 5 G -3 <br />