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INSURANCE NOT ON FILE WORK MAY NOT PROCEED N-2011-'121 CLERK OF COUNCIL DATE: OCT 1 ? ??f? LEGAL SERVICES AGREEMENT Soa S-trccK? This LEGAL SERVICES AGREEMENT, made and entered into this - ??f day of September, 2011 by and between Colantuono 8? Levin, PC (hereinafter "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. City desires to employ Attorneys to assist the Interim City Attorney ("City Attorney") in the provision of legal services to the City, and B. Attorneys represent that they aze licensed to practice law in the State of California, have special experience and knowledge in the fields of municipal finances, utility users tax and Proposition 218. 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. EMPLOYMENT OF ATTORNEYS. City hereby agrees to and does employ Attorneys, for the compensation hereinafter specified, to assist the City Attorney in the representation of the City and general legal advice in the field of municipal finances, taxation and other related issues. Attorneys accept said employment and agree to perform, in 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. PAYMENT FOR SERVICES RENDERED. City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all of said non-litigation services compensation at the blended and capped hourly rate of $300. Litigation services, if necessary, shall be at the firm's then-current standazd rates, but capped at $325 per hour. Travel time will be billed at one-half of the time incurred, outgoing faxes shall be chazged at $1 .00 per page, $0.20 per page of in-house copying, and all other expenses incurred for services pursuant to this Agreement shall be documented in detail in the monthly statement referred to below. Total compensation under this Agreement shall not exceed $25,000 3. METHOD OF PAYMENT. Attorneys shall submit a statement monthly, specifying the services performed, dates and number of hours, itemization of expenses related thereto. 4. CONTROL OF LEGAL MATTERS. Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep 104983. 1