HomeMy WebLinkAboutItem 09 - Agreement for Legal Counsel Services City Attorney’s Office
www.santa-ana.org/departments/city-attorneys-office/
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
February 17, 2026
TOPIC: Agreement for Legal Services
AGENDA TITLE
Agreement for Legal Counsel Services with Horvitz & Levy LLP (General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute a legal services agreement with the law firm of
Horvitz & Levy LLP for legal services for appellate and litigation legal services for the
period of February 17, 2026 until February 16, 2028, with an option to extend for up to
one year, in an amount not to exceed $275,000 (Agreement No. A-2026-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
Horvitz & Levy LLP was founded in 1957. For 60 years, the law firm has specialized in
appellate law. The firm is excellence-driven to deliver success at the highest level. It
has assisted clients in complex, high-stakes cases across California and the Ninth
Circuit, with more than 1,500 appeals litigated and over 150 appearances before the
California Supreme Court since 2000.
The City seeks to retain Horvitz & Levy LLP because of the excellent work attorney,
Justin Sarno, has provided to the City. Mr. Sarno is a certified appellate specialist by
the California State Bar’s Board of Legal Specialization. Roughly 1% of California
attorneys hold this certification in appellate law. Before joining Horvitz & Levy and while
working for a different law firm, Mr. Sarno assisted the City in various litigation matters,
proving his superior skills in providing legal services to the residents of Santa Ana. In
particular, he successfully defended the City of Santa Ana both at the trial court level
and at the appellate level in a high profile case. That case resulted in a published
opinion in favor of the City, Cynthia Huerta, et al. v. City of Santa Ana, 39 Cal.App. 5th
41, which concerned whether a particular crosswalk constituted a dangerous
condition. The lawsuit arose from a tragic accident on Halloween night in 2014 when a
speeding motorist struck and killed three teenagers.
Agreement for Legal Services
February 17, 2026
Page 2
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Mr. Sarno has briefed cases before the United States Supreme Court and argued
appeals before the California Supreme Court, Ninth Circuit, and all districts within the
California Courts of Appeal. He has represented government entities across Southern
California, including the cities of Pasadena, Santa Ana, Manhattan Beach, Arcadia,
Anaheim, Simi Valley, Culver City, Upland, and the County of Los Angeles. He has
litigated cases in state and federal court on behalf of police departments, school
districts, community colleges, chiefs of police, and public employees in cases related to
constitutional civil rights, anti-SLAPP, wrongful death, labor and employment (Title VII,
Title IX, and FEHA), class action, ADA compliance, administrative mandamus,
government contracts and regulations, and premises liability.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The City’s joint powers authority, Independent Cities Risk Management Authority
(ICRMA), will apply the hourly rate of $350 towards fulfillment of the City’s self-insured
retention. Funds are available in the Liability and Property Insurance Fund, Losses
Paid (08009051-64050) to cover costs subject to litigation against the City, as approved
by Adminsure for coverage under this fund. Funding is available in the current FY 25-
26 budget and funding for subsequent fiscal year will be included in the proposed
budgets for City Council Consideration.
Fiscal Year Accounting Unit-
Account #
Account
Description
Amount
FY 2025-26 08009051-64050 Liability & Property
Ins. Fund, Losses
Paid
$125,000
FY 2026-27 08009051-64050 Liability & Property
Ins. Fund, Losses
Paid
$125,000
FY 2027-28 08009051-64050 Liability & Property
Ins. Fund, Losses
Paid
$25,000
Total:$275,000
EXHIBIT(S)
1. Legal Services Agreement with Horvitz & Levy LLP
Submitted By: Sonia Carvalho, City Attorney
Approved By: Alvaro Nuñez, City Manager
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LEGAL SERVICES AGREEMENT WITH
HORVITZ & LEVY LLP
This AGREEMENT, made and entered into this 17th day of February, 2026 by and between
Horvitz & Levy, LLP, a California limited liability partnership (“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. The City of Santa Ana and the City Attorney’s Office City 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 appellate and litigation 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 related to administrative and litigation matters concerning
general liability, personnel and police 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 litigation filed against the City, for general advice and legal review on
a case-by-case basis when urgent matters arise in relation to appellate and litigation related services
to defend the City, its employees and its officials. 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, Partners will be billed at the rate of $850
an hour for all Partners and $625 an hour for all Associates. Time will be billed in 1/10th of an hour
increments.
b. The total sum to be expended under this Agreement, shall not exceed $275,000
including any extension periods defined in Section 6, below. City shall compensate Attorneys for
any services provided since January 28, 2026.
c. City agrees to reimburse Attorneys for out-of-pocket expenses, including but not
limited to, mileage, copying costs, service of process, and mail services authorized by the City
Attorney in connection with the performance of duties under this Agreement.
i. In-house printing, copying, and reproduction charges will be reimbursed at the
rate of 20 cents per page.
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ii. The City will not reimburse Attorneys for Lexis, Westlaw or other paid legal
research subscription services for ordinary legal research. However, the City will reimburse
Attorneys for extraordinary legal research costs related to a complex legal matter or assignment
and if pre-approved in writing by the City Attorney.
iii. The City will not reimburse Attorneys for ordinary document management
systems used for discovery purposes unless such technology is deemed necessary by the City
Attorney and if pre-approved in writing by City Attorney.
iv. Attorneys agree to directly pay for vendors, consultants, or experts, and then
seek reimbursement from the City.
v. Attorneys agree to seek authorization from City Attorney before retaining
experts and consultants.
vi. Automobile travel will be reimbursed at the standard mileage rate in effect at
the time of billing by the Internal Revenue Service.
vii. 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.
3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the
services performed, dates and number of hours, and an itemization of expenses related thereto with
supporting documentation (i.e. receipts, invoices, copy of check, etc.). City acknowledges that the
fees incurred for work performed by Attorneys on its behalf are due and owing within 30 days of
the work being performed. At Attorneys’ discretion, they may choose to defer payment.
Notwithstanding this, City agrees that it shall tender payment within 30 days of written demand
by Attorneys for payment. Unless expressly stated thereon, monthly statements generated by
Attorneys shall not constitute written demand, but shall simply be a written reflection of work
performed and fees incurred. City will not pay interest on unpaid monthly statements.
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 Attorneys
informed of all significant developments in matters relating to any representation undertaken by
Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City, as
hereinafter specified, they shall return to City Attorney any and all files then in their possession
concerning each and every matter or proceeding in which they represented the City pursuant to this
Agreement.
5. REPORTING REQUIREMENTS Attorneys agree to keep the City Attorney, and any other
person(s) designated by the City Attorney, informed of significant events in the Actions, including
but not limited to trial date, filing of motions for summary judgment, hearing date for motion for
summary judgment, settlement conference date, and mediation date. Attorneys also agree to provide
the following reports:
6. TERM The term of this Agreement shall commence on the date first written above and
terminate on February 16, 2028 unless terminated earlier pursuant to Section 15 below. The term of
this Agreement may be extended for up to one (1) year upon a writing executed by both parties,
including the City Manager and the City Attorney.
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7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that,
in the performance of their covenants hereunder, Attorneys are and shall be independent contractors,
and not officers or employees of City.
8. INSURANCE Attorneys shall provide to the City Attorney proof of insurance prior to
undertaking performance of work under this Agreement, Attorneys shall maintain and shall
require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an “occurrence” basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury with
limits no less than $2,000,000 per occurrence. If a general aggregate limit applies,
either the general aggregate limit shall apply separately to this project/location (ISO
CG 25 03 or 25 04) or the general aggregate limit shall be twice the required
occurrence limit.
b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering,
Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-
owned), with limit no less than $1,000,000 per accident for bodily injury and
property damage. (Not required if consultant does not use an automobile to perform
services)
c. Workers’ Compensation: Insurance as required by the State of California, with
Statutory Limits, and Employer’s Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
d. Professional Liability (Errors and Omissions): Insurance appropriates to the
Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim,
$2,000,000 aggregate.
If Attorneys maintain broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or
the higher limits maintained by Attorneys. Any available insurance proceeds in
excess of the specified minimum limits of insurance and coverage shall be available
to the City.
e. Other Insurance Provisions - The insurance policies are to contain, or be endorsed
to contain, the following provisions:
i. Additional Insured Status to include The City of Santa Ana, its officers,
officials, employees, and volunteers are to be covered as additional insureds
on the CGL policy.
ii. Primary Coverage - For any claims related to this contract, Attorneys’
insurance coverage shall be primary coverage as to the City of Santa Ana,
its officers, officials, employees, and volunteers. Any insurance or self-
insurance maintained by the City of Santa Ana, its officers, officials,
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employees, or volunteers shall be excess of Attorneys’ insurance and shall
not contribute with it.
iii. Notice of Cancellation- Attorneys agree to provide 30 days advance written
notice to the City before cancelling or changing coverage by their insurance
broker.
f. Waiver of Subrogation- Attorneys hereby grant to City a waiver of any right to
subrogation, which any insurer of said Attorneys may acquire against the City by
virtue of the payment of any loss under such insurance. Attorneys agree to obtain
any endorsement that may be necessary to affect this waiver of subrogation, but
this provision applies regardless of whether or not the City has received a waiver
of subrogation endorsement from the insurer.
g. Self-Insured Retentions - Self-insured retentions must be declared to and approved
by the City. The City may require the Attorneys to purchase coverage with a lower
retention or provide proof of ability to pay losses and related investigations, claim
administration, and defense expenses within the retention. The policy language
shall provide, or be endorsed to provide, that the self-insured retention may be
satisfied by either the named insured or City.
h. Acceptability of Insurers - Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best’s rating of no less than A:VII,
unless otherwise acceptable to the City.
i. Claims Made Policies - If any of the required policies provide coverage on a claims-
made basis:
i. The Retroactive Date must be shown and must be before the date of the
contract or the beginning of contract work.
ii. Insurance must be maintained and evidence of insurance must be provided
for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a Retroactive Date prior to the contract
effective date, the Attorneys must purchase “extended reporting” coverage
for a minimum of five (5) years after completion of contract work.
j. Verification of Coverage – Attorneys shall furnish the City with original
Certificates of Insurance including all required amendatory endorsements (or copies of the
applicable policy language effecting coverage required by this clause) and a copy of the
Declarations and Endorsement Page of the CGL policy listing all policy endorsements to
Entity before work begins. However, failure to obtain the required documents prior to the
work beginning shall not waive the Attorney’s obligation to provide them. The City reserves
the right to require complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
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k. Subcontractors - Attorneys shall require and verify that all subcontractors maintain
insurance meeting all the requirements stated herein, and Attorneys shall ensure that City
is an additional insured on insurance required from subcontractors.
l. Special Risks or Circumstances – City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience, insurer,
coverage, or other special circumstances
9. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City,
its officers, agents, employees, and representatives from liability for personal injury, damages,
restitution, judicial or equitable relief to the extent caused by Attorneys’ negligent or wrongful
performance or conduct related to this Agreement.
10. CONFIDENTIALITY All information and documents shared with Attorneys as well as
all work performed by Attorneys in connection with this Agreement should be treated as strictly
confidential. Moreover, all communications between Attorneys and City shall be treated as
protected by the attorney-client privilege and the attorney work product doctrine. Accordingly,
information received by Attorneys from City should be kept in a secure place, and no information
about this work may be disclosed to any third party without City’s prior written approval.
Attorneys shall provide materials directly to the City Attorney, Sonia Carvalho, or selected
members of her office, as directed by the City Attorney. All such information and any written
product in connection with Attorneys‘ retention under this Agreement, shall be marked as
“PRIVILEGED AND CONFIDENTIAL / ATTORNEY-WORK PRODUCT” and shall be the
property of the City Attorney’s Office, and shall be returned/provided to the Office of the City
Attorney with all copies upon the request of the City Attorney. Confidential information disclosed
to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The
foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has
been disclosed in publicly available sources; (b) is, through no fault of the Attorneys, disclosed in
a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of
confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently
developed by the Attorneys without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests
and shall not have interests, direct or indirect, that would conflict in any manner with performance
of services specified under this Agreement.
12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702-1988
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Facsimile (714) 647-6956
Courtesy Copy: City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Facsimile (714) 647-6515
To Attorneys: Horvitz & Levy, LLP
Attn: Justin Sarno, Partner
3601 W. Olive Ave., 8th Floor
Burbank, CA 91505
A party may change its address by giving notice in writing to the other party. Thereafter, any
notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the
new address. If sent by mail, communication shall be effective or deemed to have been given three
(3) days after it has been deposited in the United States mail, duly registered or certified, with
postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall
be effective or deemed to have been given twenty-four (24) hours after the time set forth on the
transmission report issued by the transmitting facsimile machine, addressed as set forth above. For
purposes of calculating these time frames, weekends, federal, state, County or City holidays shall
be excluded.
13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and
exclusive statement between the City and Attorneys, and supersedes any and all other agreements,
oral or written, between the parties. In the event of a conflict between the terms of this Agreement
and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may no t
be modified except by written instrument signed by the City and by an authorized representative
of Attorneys. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not
bind or obligate Attorneys or the City. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by any
party, or anyone acting on behalf of any parties, which are not embodied herein.
14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services
of Attorneys, Attorneys may not assign, transfer, delegate, or subcontract any interest herein
without the prior written consent of the City and any such assignment, transfer, delegation or
subcontract without the City’s prior written consent shall be considered null and void. Nothing in
this Agreement shall be construed to limit the City’s ability to have any of the services which are
the subject of this Agreement performed by City personnel or by other Attorneys retained by City.
15. TERMINATION This Agreement may be terminated by City at any time. In such event,
Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services
performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment,
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Attorneys shall deliver to the City all files and records generated under this Agreement as of such
date.
Attorneys may terminate this agreement, subject to their obligation to provide written reasonable
notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to
secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel
as counsel of record in the Actions.
16. NON-DISCRIMINATION Attorneys shall not discriminate because of race, color, creed,
religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical
conditions, genetic information, or military and veteran status, age, national origin, ancestry, o r
disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching,
training, utilization, promotion, termination or other employment related activities or any services
provided under this Agreement. Attorneys affirm that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
17. JURISDICTION – VENUE This Agreement has been executed and delivered in the State
of California and the validity, interpretation, performance, and enforcement of any of the clauses
of this Agreement shall be determined and governed by the laws of the State of California. Both
parties further agree that Orange County, California, shall be the venue for any action or
proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its
signature herein below has the power, authority and right to bind their respective parties to each of
the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s
fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held
by the signatory or is withdrawn.
19. COUNTERPARTS; SIGNATURES This Agreement may be executed in counterparts,
secured via facsimile transmission or otherwise, each of which shall be deemed to be an original.
Photocopies of any executed counterpart shall have the same force and effect as an original. City
further acknowledges that it has read and received a copy the full text Section 6148 of the
California Business and Professions Code prior to signing this Agreement.
20. NO GUARANTEES City understands and acknowledges that there are certain risks and
uncertainties in the pursuit of any matter for which Attorneys have been retained, that law is not
an exact science, that Attorneys have made no representations or guarant ees of success regarding
the conclusion of any particular matter, and that all expressions relative thereto are matters of
Attorneys’ opinion only. In other words, Attorneys make no representations or guarantees of
success regarding any matter.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
above written.
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ATTEST:
_________________________
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: _________________________
Sandra M. Flores
Chief Assistant City Attorney
CITY OF SANTA ANA
____________________________
Alvaro Nuñez
City Manager
HORVITZ & LEVY LLP
______________________________
Justin Sarno
Partner