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tioINSURANCE NOT ON FILE �h WORK MAY NOT PROCEED CLERK OF COUNCIL N-2021-061 LEGAL SERVICES AGREEMENT WITH CFlv jq 7r d HIGH SWARTZ Q,iZtVr1ati) 1�:i+ This AGREEMENT, made and entered into this 8th day of April, 2021, by and between High Swartz, LLP ("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 desires to employ Attorneys to assist the in- house attorneys for the City ("City Attorney") in Jonathan Vanloan v. City of Santa Ana, et al., United States District Court, for the Eastern District of Pennsylvania, Case No. 2:20-cv-06112- WB ("Complaint"). B. The Attorneys' will act as the City Attorney's pro hac vice sponsor for the United States District Court for the Eastern District of Pennsylvania, assist in the City Attorney's application for pro hac vice and perform other associated legal services as required by the City. C. City desires to employ Attorneys to assist in the provision of such legal services. D. Attorneys represent that they are licensed to practice law in the Commonwealth of Pennsylvania and admitted before the United States District Court for the Eastern District of Pennsylvania, have experience and knowledge related to practicing in the United States District Court for the Eastern District of Pennsylvania, pro hac vice sponsorship and providing legal advice regarding Pennsylvania state law and federal civil rights matters in the Third Circuit 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 the Complaint filed against the City. 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, at the hourly rate of $300. Time will be billed in 1/I Oth of an hour increments. b. The total sum to be expended under this Agreement, shall not exceed $50,000, including any extension periods However, nothing in this Agreement requires the Attorneys to work for no compensation and if the value of the services exceeds $50,000 and City declines to exceed this cap, Attorneys retain the right to withdraw as counsel for the City. 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