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approval of the Executive Director of Human Resources prior to incurring the expense. All expenses <br />must have supporting documentation submitted with the invoice. <br />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 performed services for the City pursuant to this Agreement. <br />5. LIMITATION ON LEGAL SERVICES The scope of this representation is limited. <br />Attorneys will make factual findings, utilizing Attorneys' legal skills, knowledge, and experience <br />in so doing. Attorneys will not render a legal determination whether there was unlawful <br />discrimination, harassment, violation of public policy, or a violation of any other law or statute for <br />investigations under this Agreement. The Santa Ana City Attorney will advise the City with <br />respect to issues of attorney -client privilege, scope of privilege, waiver, and work product in <br />connection with services provided under this Agreement. The City and Attorneys intend that <br />Attorneys' investigations will be covered by the attorney -client privilege and attorney -work <br />product privilege to the extent legally permitted, although Attorneys understand that the City may <br />choose to waive the privilege in the future. The City specifically gives its informed consent to a <br />limited scope engagement and understands that it may seek independent legal advice concerning <br />the proposed limited scope engagement if it wishes. <br />6. CITY COOPERATION City agrees to make available the witnesses and documents <br />requested by Attorneys to permit Attorneys to perform independent investigation(s). The City will <br />designate an employee as the primary point of contact for the City for each investigation performed <br />under this Agreement. This will include arranging access to witnesses and documents and <br />arranging a location for interviews. <br />7. NO GUARANTEES It is understood that there is no guarantee or assurance that any <br />particular result will be reached in any investigation conducted under this Agreement. <br />8. REPORTING REQUIREMENTS Unless otherwise directed, Attorneys will provide a <br />written report to the Executive Director of Human Resources for the investigation conducted under <br />this Agreement. Upon the conclusion of any investigation, at the Executive Director of Human <br />Resource's request, the Attorneys may also provide, in a privileged document separate from the <br />report, recommendations to assist in resolution of any or all substantiated findings. <br />9. TERM The term of this Agreement shall commence on the date first written above and <br />terminate one (1) year thereafter, unless terminated earlier pursuant to Section 19 below. The term <br />2 <br />1632715.1 <br />