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MURANOE N01' ON FILE <br />RKMAyi PROCEED <br />CLERK OF COUNCIL <br />DATE 30,x` 17 9n15 <br />F—AFTITIMIR11 <br />SPECIAL LEGAL COUNSEL SERVICES AGREEMENT <br />This AGREEMENT, made and entered into this 20th day of October, 2015, by and <br />between Ferguson, Praet &z 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 C °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 law and employment law defense and <br />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 in litigation services to defend the <br />City in labor and employment law cases and/or in administrative hearings including the City's <br />Persorinel Board as requested by the City Attorney to do so. Attorneys accept said retention and <br />agree to perform, in timely and efficient manner, all such services as may be requested by the City <br />Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e -mail <br />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 of said services in regard to each such action, compensation <br />at rate of $215 an hour. <br />B. REIMBURSEMENT FOR COSTS City agrees to reimburse Attorneys for nut -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 and remain <br />