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SPECIAL LEGAL COUNSEL SERVICES AGREEMENT <br />This AGREEMENT, made and entered into this 6th day of May, 2016, 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 acid 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 />C. The City acknowledges that it has received billing from Attorneys prior to the date of this <br />Agreement for invoices dated March 16, 2016 and April 22, 2016, and City intends that any <br />unpaid sums owed to Attorneys for those invoices shall be covered under this Agreement. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terns 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 litigating lawsuits filed against <br />the City challenging the constitutionality, enforcement or the implementation of the voter - <br />initiative known as Measure 1313. Additionally, the City agrees to and does retain Attorneys for <br />general advice and legal review on a case -by -case basis when urgent matters arise in relation to <br />election issues or personnel matters. Attorneys accept said retention and agree to perform, in a <br />timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys <br />shall confirm their acceptance of work requested by City in writing by e -mail or letter. <br />2, COMPENSATION FOR SERVICES RENDERED <br />I <br />. City agrees to compensate Attorneys, and Attorneys agree to accept from City, as <br />and for payment in full for all services for the foregoing services, at the rate of $295 an hour for all <br />attorneys and $145 -166 an hour for paralegal work. Time will be billed in 1 /10th of an hour <br />increments, <br />b. The total sum to be expended under this Agreement, shall not exceed $795,000.00 <br />during the term of this Agreement. <br />C. The City acknowledges that it has received billing from Attorneys prior to the date <br />of this Agreement for invoices dated March 16, 2016 and April 22, 2016, and City intends that any <br />wipaid stuns owed to Attorneys for those invoices shall be covered under this Agreement. <br />25A -3 <br />