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INSURANCE NOT ON FILE A-2020-041 A'ORl! k4At4 T PROCEED CLERK OF COUNCIL DATE: LEGAL SERVICES AGREEMENT WITH tGU(J41 david �✓in;uNa dj RUTAN & TUCKER. LLP This AGREEMENT, made and entered into this 3rd day of March, 2020, by and between Rutan & Tucker 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 `" c4 ("City"). Collectively City and Attorneys are also referred to as "the Parties." N CD RECITALS rr A. The City of Santa Ana and the City Attorney desires to employ Attorneys to assist the in- house attorneys for the City ("City Attorney") in the provision of legal services to the City, for land use and/or litigation regarding compliance with the California Environmental Quality Act ("CEQA") and related matters by a firm with specialized expertise. B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge providing administrative, advisory and litigation services concerning personnel, labor and employment 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: 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 advisory matters and litigation filed against the City related solely to that certain petition for writ of mandate filed in Orange County Superior Court captioned Santa Ana Citizens, for Responsible Development v. City of Santa Ana (OCSC No. 30-2019-01119794). 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 full for all services for the foregoing services, all attorneys will bill their time at $375/hour and time will be billed in 1/10th of an hour increments. b. The total sum to be expended under this Agreement, shall not exceed 'one hundred and fifty thousand dollat$ ($Sl50',000), including any extension periods. 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. N292120