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ATTORNEY CITY FEE AGREEMENT THIS AGREEMENT is made between GUTIERREZ, FIERRO & ERICKSON, A.P.C. ( "Attorney ") and the CITY OF SANTA ANA, a Municipal Corporation ( "City "). 11 Employment of Attorney. City retains and employs Attorney to represent the City in litigation matters assigned to Attorney by the City Attorney, 2. Compensation. City shall pay Attorney at the rate of $225 per hour for attorney time and $75 per hour for paralegal time, or as adjusted by Attorney and City from time to time, and those expenses and costs set forth in Paragraphs 3 and 4. 3. Expenses. In addition to the hourly rates described in Paragraph 2, City agrees to pay all reasonable and necessary expenses incurred by Attorney on behalf of City in connection with the litigation matters described herein including: (a) Any filing fees, permit fees, or other fees paid or advanced by Attorney on behalf of City in accordance with Paragraph 2. (b) Expense for the printing or reproduction of documents required in connection . with the services described herein to the extent that any such costs are advanced by Attorney under Paragraph 4, at actual cost. (c) Travel expenses at actual cost, including but not limited to air fare, taxicab fare, meals, and lodging incurred while representing City. 4. Costs. In addition to the hourly rates described in Paragraph 2 and expenses described in Paragraph 3, City agrees to pay all other costs incurred by Attorney or required of City for the litigation matters described herein. However, Attorney shall not be obligated to pay or advance any such expenses or costs, and Attorney may (1) request City to advance payment for any such expenses or costs or (2) arrange to have those expenses and costs directly billed to City. Notwithstanding this provision, Attorney may, at its sole option, advance such expenses or costs as Attorney deems appropriate and obtain reimbursement from City. The fact that Attorney elects to advance any particular expense or cost on behalf of City shall not be deemed to create an obligation to advance the same or similar expenses or costs at any future time. 5. Payment Upon Billing, Attorney shall submit monthly billing statements to the City Attorney of City that itemize the fees charged and the applicable rates under this Agreement and all expenses and costs for which Attorney is entitled to reimbursement. City agrees to pay said amounts within 21 days from the statement date. 6. Other Obligations of City. City agrees to cooperate with Attorney to the extent necessary for Attorney to discharge its duties under this Agreement. City's cooperation shall include, but not be limited to the following: (a) Provide Attorney with any necessary documents and other information promptly upon request; (b) Advise Attorney of City's address, telephone numbers, and trips by pertinent staff members longer than one (1) week in duration; and 1 of Attorney Fee Agreement Document No. 24908 251 -17