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INSURANCE NOT ON FILE <br />WORK MAY ON PROCEED <br />CITY CLERK <br />DATE: DEC 0 4 2023 <br />O'. GAo CO) <br />A-2023-211 <br />LEGAL SERVICES AGREEMENT WITH <br />GOLDFARB & LIPMAN LLP <br />This AGREEMENT is made and entered into on this 21 st day of November, 2023, by and between <br />Goldfarb & Lipman 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"). <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 />B. Attorneys represent that they are licensed to practice law in the State of California, have <br />special experience and knowledge in the field of municipal advisory and litigation, <br />specifically litigation regarding housing, affordable housing, land use, fair housing, rent <br />stabilization, real property, and real estate development. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />I. 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 municipal advisory and litigation, specifically litigation regarding <br />housing, affordable housing, land use, fair housing, rent stabilization, real property and real estate <br />development. Attorneys accept said retention and agree to perform, in a timely and efficient manner, <br />all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance <br />of work 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, Partners will be billed at the hourly rate <br />of $350.00 - $365.00 for Partner, $345.00 - $365.00 for Senior Counsel, $210.00 - $345.00 for <br />Associate, $195.00 for Senior Law Clerk, $180.00 for Law Clerk, $210.00 for Litigation Project <br />Coordinator, and S 180.00 for Project Coordinator. Time will be billed in 1/10th of an hour increments. <br />b. The total sum to be expended under this Agreement for attorney's fees and out of <br />pocket expenses, shall not exceed five hundred thousand dollars ($500,000), including any extension <br />period. <br />C. 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. The City will <br />not reimburse Attorneys for Lexis, Westlaw or other paid legal research subscription services for <br />ordinary legal research. However, the City will reimburse Attorneys for extraordinary legal <br />