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SPECIAL LEGAL COUNSEL SERVICES AGREEMENT <br />This AGREEMENT, made and entered into this 41h day of April, 2017, by and between <br />Manning & Kass, Ellrod, Ramirez, Trester, a Limited Liability Partnership ( "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 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, police <br />litigation and personnel matters, 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 police litigation and personnel <br />matters. Attorneys accept said retention and agree to perform, in a timely and efficient manner, all <br />such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of <br />work requested by City in writing by e -mail or letter. <br />2. COMPENSATION FOR SERVICES RENDERED <br />a. 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 $130 an hour for paralegal work Time will be billed in 1 /10th of an hour increments. <br />b. The total sum to be expended under this Agreement, shall not exceed $350,000.00 <br />during the tern of this Agreement. <br />c. City agrees to reimburse Attorneys for out -of- pocket expenses, including but not <br />limited to, mileage, expert witness fees, copying costs, service of process, and mail services <br />authorized by the City Attorney in connection with the performance of duties under this Agreement. <br />Copying charges will be reimbursed at the rate of 10 cents per page. Any costs in excess of $5,000 <br />require City Attorney approval prior to incurring the expense. All expenses must have supporting <br />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). <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 />25A -3 <br />