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SPECIAL LEGAL COUNSEL SERVICES AGREEMENT <br />This AGREEMENT, made and entered into this 1st day of December, 2015, by and <br />between Jones & Mayer, a professional law corporation ("Attorneys"), and the City of Santa Ana, <br />a charter city and municipal corporation duly organized and existing under the constitution and laws <br />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, defending <br />Cities and its employees in tort cases, 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, as needed, with the defense of the <br />City and its employees in toil matters, including but not limited to acting as conflict counsel and <br />general tort defense. Attorneys accept said retention and agree to perform, in a timely and efficient <br />manner; all such services as may be requested by the City Attorney. Attorneys shall confirm their <br />acceptance of 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 Action, compensation at the rate of <br />$225 an hour for all attorneys and $125 an hour for paralegal work. Time will be billed in 1 /10th of <br />an hour increments. <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 10 cents per page. <br />Any costs in excess of $5,000 require City Attorney approval prior to incurring the expense. All <br />expenses 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). Invoices should be <br />sent to: Senior Assistant City Attorney, Laura A. Rossini, City of Santa Ana, City Attorney's <br />Office, 20 Civic Center Plaza, M29, Post Office Box 1988, Santa Ana, CA 92702. <br />25H -3 <br />