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b. Costs and Other Charges for Which the Firm Will Not Bill. The Firm will not charge
<br />Santa Ana for routine photocopying, faxes, long distance phone calls, or routine postage.
<br />C. Costs and Other Charges for Which the Finn Will Bill. The Firm may incur various
<br />costs and expenses in the normal course of performing legal services under this Agreement. The
<br />Firm's preference is for Santa Ana to advance all expenses. In circumstances where it is not practical
<br />for it to advance costs, Santa Ana agrees to reimburse the Firm for those costs and expenses in addition
<br />to the fees the Firm incurs working on Santa Ana's matter. Costs and expenses for which the Firm
<br />charges include filing and recordation fees, court reporters' fees, messenger and other delivery fees,
<br />parking, transportation, lodging, and other necessary travel expenses, non -routine photocopying and
<br />scanning (wherever performed), bulk postage, document database preparation, processing and
<br />management, electronic document storage, and other similar items. Costs and expenses could also
<br />include expert witness fees, title insurance fees, consultant and investigator fees, and similar out-of-
<br />pocket expenses incurred on Santa Ana's behalf. The Firm will charge all costs and expenses at the
<br />Firm's actual cost when payable or reimbursed to a third party.
<br />d. The total sutn to be expended under this Agreement, shall not exceed $50,000,
<br />including any extension periods
<br />e. City agrees to reimburse Attorneys for out-of-pocket expenses, including but not
<br />limited to, mileage, copying costs, service of process, and mail services authorized by the City
<br />Attorney in connection with the performance of duties under this Agreement. In-house printing,
<br />copying, and reproduction charges will be reimbursed at the rate of 20 cents per page. Automobile
<br />travel will be reimbursed at the standard mileage rate in effect at the time of billing by the Internal
<br />Revenue Service. Any costs in excess of $5,000 require City Attorney approval prior to incurring the
<br />expense. All expenses must have supporting documentation submitted with the invoice.
<br />3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the
<br />services performed, dates and number of hours, and an itemization of expenses related thereto with
<br />supporting documentation (i.e. receipts, invoices, copy of check, etc.). The Firm will send monthly
<br />statements indicating fees and costs incurred, any amounts applied from any retainer, and any
<br />current balance owed. Upon request, the Firm can provide various levels of detail in the
<br />statements, including the legal personnel working on a matter or matters for that billing period
<br />with their current guideline hourly rate, and the amount of time and fees incurred by each
<br />individual. City acknowledges that the fees incurred for work performed by Attorneys on its behalf
<br />are due and owing within 30 days of the work being performed. At Attorneys' discretion, they may
<br />choose to defer payment. Notwithstanding this, City agrees that it shall tender payment within 30
<br />days of written demand by Attorneys for payment. Unless expressly stated thereon, monthly
<br />statements generated by Attorneys shall not constitute written demand, but shall simply be a
<br />written reflection of work performed and fees incurred.
<br />4. ESTIMATE. It is often difficult to predict with any certainty the actual amount of legal
<br />fees, costs or time which will be incurred with respect to any particular task or matter. However,
<br />upon request, the Firm will provide estimates of legal fees and costs and/or time to complete a task
<br />or matter, but any such figure will be an estimate only and not a guarantee that the actual
<br />fees, costs or time will be in the amount of, or limited to, the estimate. If the Finn provides an
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