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ur 0 <br />LU LU <br />N-2022-215 <br />ankura <br />O G? <br />O CD <br />~ U <br />z ¢ Y L:d 0: CA a 6 FuvticL� <br />LE <br />cn � � August 5, 2022 <br />z o <br />?' City of Santa Ana <br />N Attn: John Funk <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, CA 92701 <br />e� <br />Re: Review of Construction of Homeless Shelter by Dyer 18, LLC <br />Dear John: <br />This engagement letter (the "Letter") and its attached terms of business (the "Terms of Business") together <br />with this Letter (the "Engagement Letter") confirms the retention of Ankura Consulting Group, LLC <br />("Ankura"), effective as of August 5, 2022, by the City of Santa Ana, a municipal corporation of the State <br />of California (the "City" or "Client") in the above referenced matter. Ankura and Client may herein be <br />referred to as the "Parties". References to the City Attorney for the City of Santa Ana refer to the actions <br />and instructions by the office of the City Attorney within its capacity as legal advisor acting on behalf of <br />the Client ("Counsel"). <br />1. Scope of Engagement: Pursuant to this Engagement Letter, Ankura will provide the following services <br />(as set forth below, the "Services"): <br />relative to applicable law and industry custom and best practices, review and analysis of billings, <br />invoice, and billing practices for construction of the homeless shelter by Dyer 18 LLC ("Dyer") <br />for the City of Santa Ana, pursuant to the Lease Agreement dated March 1, 2021 between the City <br />and Dyer; <br />services shall culminate in a written report to be furnished for the purpose of facilitating the <br />provision of legal advice by the Santa Ana City Attorney's Office to the City, which report and <br />supporting information shall constitute attorney -work product and be subject to the attorney -client <br />privilege; all such information and any written product under this Engagement shall be marked as <br />"PRIVILEGED AND CONFIDENTIAL / ATTORNEY -WORK PRODUCT" and shall be the <br />property of the Santa Ana City Attorney's Office <br />Ankura acknowledges and agrees that at certain times the work product produced by Ankura pursuant to <br />the Engagement Letter is for the purpose of facilitating Counsel's rendering of legal advice to Client and <br />constitutes attorney work product, and that any communication to Counsel, including, without limitation, <br />any correspondence, analyses, reports and related materials that Ankura prepares, constitutes confidential <br />and privileged communications and Ankura will not disclose such communications to any third party except <br />as requested by Counsel. <br />2. Fees and Expenses: For Ankura's Services hereunder, the Client agrees to pay to Ankura the following <br />fees (the "Fees") based on the actual time for Services rendered at the hourly rates set forth in the table <br />ankura.com <br />