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3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the <br />services performed, dates and number of hours, and an itemization of expenses related thereto <br />with supporting documentation (i.e. receipts, invoices, copy of check, etc.). <br />4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or <br />proceeding in which they undertake to assist the Executive Director of Human Resources, as <br />aforesaid, shall be and remain under, and subject to the control and direction of said Executive <br />Director of Human Resources at all stages, and that they shall at all times keep the Executive <br />Director of Human Resources informed of all matters pertaining thereto. City will keep Attorneys <br />informed of all significant developments in matters relating to any representation undertaken by <br />Attorneys under this Agreement. Attorneys further agree, if and when their retention hereunder is <br />terminated by City, as hereinafter specified, they shall return to the Executive Director of Human <br />Resources any and all files then in their possession concerning each and every matter or proceeding <br />in which they represented the City pursuant to this Agreement. <br />5. PROVISIONS APPLICABLE TO PERSONNEL INVESTIGATION SERVICES <br />A. LIMITATION ON LEGAL SERVICES The scope of this representation is limited. <br />Attorneys will make factual findings, utilizing Attorneys' legal skills, knowledge, <br />and experience in so doing. Attorneys will not render a legal determination whether <br />there was unlawful discrimination, harassment, violation of public policy, or a <br />violation of any other law or statute for investigations under this Agreement. The <br />Santa Ana City Attorney will advise the City with respect to issues of attorney - <br />client privilege, scope of privilege, waiver, and work product in connection with <br />services provided under this Agreement. The City and Attorneys intend that <br />Attorneys' investigations will be covered by the attorney -client privilege and <br />attorney -work product privilege to the extent legally permitted, although Attorneys <br />understand that the City may choose to waive the privilege in the future. The City <br />specifically gives its informed consent to a limited scope engagement and <br />understands that it may seek independent legal advice concerning the proposed <br />limited scope engagement if it wishes. <br />B. CITY COOPERATION City agrees to make available the witnesses and documents <br />requested by Attorneys to permit Attorneys to perform this independent <br />investigation. The City will designate an employee as the primary point of contact <br />for the City for each investigation performed under this Agreement. This will <br />include arranging access to witnesses and documents and arranging a location for <br />interviews. <br />C. REPORTING REQUIREMENTS Unless otherwise directed, Attorneys will <br />provide a written report to the Executive Director of Human Resources for each <br />investigation conducted under this Agreement. Upon the conclusion of any <br />investigation, at the Executive Director of Human Resource's request, the <br />Attorneys may also provide, in a privileged document separate from the report, <br />recommendations to assist in resolution of any or all substantiated findings. <br />006085,00005 2 <br />13457441.1 <br />