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INSURANCE ON FILE N- 2015 -024 <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />/1- -- /.5 <br />CLERK OF COUNCIL <br />DATE: SPECIAI, LEGAL COUNSEL SERVICES AGREEMENT <br />This AGREEMENT, made and entered into this 10th day of February, 2015, by and <br />between Ferguson, Praet & Sherman., a California Professional Corporation (`Attorneys "), and <br />the City of Santa Ana, a charter city and municipal corporation duly organized and existing under <br />the constitution and laws of the State of California (`City "). <br />RECITALS <br />A City desires to employ Attorneys to assist the City Attorney in the provision of legal <br />services to the City, and <br />B. Attorneys represent that they are licensed to practice law in the State of California, have <br />special experience and knowledge in the field of tort defense and desire to undertake said <br />services. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the <br />compensation hereinafter specified, to assist the City Attorncy in litigation services related to City <br />matters and other legal issues when and as requested by the City Attorney to do so. Attorneys <br />accept said retention and agree to perform, in timely and efficient mamser, all such services as may <br />be requested by the City Attorney. Attorneys shall confine their acceptance of work requested by <br />City in writing by e -mail or letter, <br />2. PAYMENT FOR SERVICES RENDERED <br />A. FEES City agrees to compensate Attorneys, and Attorneys agree to accept from <br />City, as and for payment in 'lull for all of said services in regard to each such action, compensation <br />at the rate of $215 an hour. The total amount of this Agreement shall not exceed $25,000. <br />B. REIMBURSEMENT FOR COSTS City agrees to reimburse Attorneys for out -of- <br />pocket expenses, including but not limited to, mileage, expert witness fees, copying costs, service of <br />process, and mail services authorized by the City Attorney in connection with the performance of <br />duties under this Agreement. Any costs in excess of $5,000 require City Attorney approval prior to <br />incurring the expense. All expenses must have supporting documentation submitted with the <br />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 City Attorney, as aforesaid, shall be turd remain <br />under, and subject to the control and direction of said City Attorney at all stages, and that they shall <br />