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4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the Executive Director of Human Resources, as aforesaid, shall be and remain under, and subject to the control and direction of said Executive Director of Human Resources at all stages, and that they shall at all times keep the Executive Director of Human Resources informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys under this Agreement. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to the Executive Director of Human Resources 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. LIMTIATION ON LEGAL SERVICES The scope of this representation is limited. Attorneys will make factual findings, utilizing Attorneys' legal skills, knowledge, and experience in so doing. Attorneys will not render a legal determination whether there was unlawful discrimination, harassment, violation of public policy, or a violation of any other law or statute for investigations under this Agreement. The Santa Ana City Attorney will advise the City with respect to issues of attorney -client privilege, scope of privilege, waiver, and work product in connection with services provided under this Agreement. The City and Attorneys intend that Attorneys' investigations will be covered by the attorney -client privilege and attorney -work product privilege to the extent legally permitted, although Attorneys understand that the City may choose to waive the privilege in the future. The City specifically gives its informed consent to a limited scope engagement and understands that it may seek independent legal advice concerning the proposed limited scope engagement if it wishes. 6. CITY COOPERATION City agrees to make available the witnesses and documents requested by Attorneys to permit Attorneys to perform this independent investigation. The City will designate an employee as the primary point of contact for the City for each investigation performed under this Agreement. This will include arranging access to witnesses and documents and arranging a location for interviews. 7. NO GUARANTEES It is understood that there is no guarantee or assurance that any particular result will be reached in any investigation conducted under this Agreement. 8. REPORTING REQUIREMENTS Unless otherwise directed, Attorneys will provide a written report to the Executive Director of Human Resources for each investigation conducted under this Agreement. Upon the conclusion of any investigation, at the Executive Director of Human Resource's request, the Attorneys may also provide, in a privileged document separate from the report, recommendations to assist in resolution of any or all substantiated findings. 9. TERM The term of this Agreement shall commence on the date first written above and terminate one (1) year thereafter, unless terminated earlier pursuant to Section 19 below. The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney. 10. 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. 2