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SPECIAL LEGAL COUNSEL SERVICES AGREEMENT
<br />This AGREEMENT, made and entered into this _ day of May, 2015, by and between
<br />Richards, Watson & Gershon, a California Professional Corporation ( "Attorneys "), and the City
<br />of Santa Ana, a charter city and municipal corporation duly organized and existing under the
<br />constitution and laws of the State of California ( "City ").
<br />RECITALS
<br />A. City desires to employ Attorneys to assist the in -house attorneys for the City ( "City
<br />Attorney") in the provision of legal 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 municipal litigation, specifically, marijuana
<br />dispensary litigation and zoning regulation defense, and desire to undertake said 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 Attorney with a series of lawsuits filed against
<br />the City challenging the constitutionality of the City initiative known as Measure BB — City
<br />Establishment of Medical Marijuana Collectives and Cooperatives, which are entitled (1)
<br />Edinger Marketing Center v. City of Santa Ana, Orange County Superior Court Case No. 30-
<br />2015- 00769605, (2) Orange County Growers Association v. City of Santa Ana, Orange County
<br />Superior Court Case No. 30 -2014- 00762130, (3) Terra Collective, Inc. v. City of Santa Ana,
<br />Orange County Superior Court Case No. 30 -2014- 00762123, (4) Natures Holistic Alternative
<br />Patients Association v. City of Santa Ana, Orange County Superior Court Case No. 30- 201,5-
<br />00782237, (5) Live2Love OC, Inc. v. City of Santa Ana, Orange County Superior Court Case No.
<br />30- 2014 - 00762124, (6) Cream Your Dreams, Inc. v. City of Santa Ana, Orange County Superior
<br />Court Case No. 30- 2015 - 00781847, and (7) S.A.P.A. Enterprises, Inc. v. City of Santa Ana,
<br />Orange County Superior Court Case No. 30 -2015- 00786325 (collectively, the "Actions "). Said
<br />services may also include assisting with any other cases or matters involving Measure BB.
<br />Attorneys accept said retention and agree to perfonn, in a timely and efficient manner, all such
<br />services as may be requested by the City Attorney. Attorneys shall confmn their acceptance of
<br />work requested by 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 full for all services for the foregoing Actions, compensation at the rate
<br />of $295 an hour for all attorneys and $145 -166 an hour for paralegal work. Time will be billed in
<br />1 /10th of an hour increments. The total amount of this Agreement shall not exceed $500,000.
<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. Copying charges will be reimbursed at the rate of to cents per page.
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