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SPECIAL LEGAL COUNSEL SERVICES AGREEMENT <br />This AGREEMENT, made and entered into this 6�h day of February, 2018, by and <br />between Cota Cole & Huber, a Limited Liability Partnership ("Attorneys"), and the City of <br />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 police defense 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 />defense litigation and related personnel matters, and desire to undertake said services. <br />C. City and Attorneys entered into a prior Agreement to provide legal services in December <br />2017, for an impending appellate court hearing. City agrees to pay Attorneys for legal <br />services incurred from the time period established for this prior December 2017 <br />Agreement up to the date of this Agreement for any work that may have exceeded the <br />compensation amount listed in the previous Agreement. <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 <br />the compensation hereinafter specified, to assist the City Attorney with police defense litigation <br />and personnel matters. Attorneys accept said retention and agree to perform, in a timely and <br />efficient manner, all such services as may be requested by the City Attorney. Attorneys shall <br />confirm their acceptance of work requested by City in writing by e-mail or letter. <br />COMPENSATION FOR SERVICES RENDERED <br />a. Compensation shall be based on the actual amount of time spent in adequately <br />performing the Services, and shall be billed at the rate of $225 for partners, $205 an hour for <br />associates and $165 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 $250,000 <br />during the term of this Agreement. <br />C. City agrees to reimburse Attorneys for out-of-pocket expenses, including butnot <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 <br />Agreement. Copying charges will be reimbursed at the rate of 10 cents per page. Any costs in <br />excess of $5,000 require City Attorney approval prior to incurring the expense. All expenses <br />must have supporting documentation submitted with the invoice. <br />Exhibit 1 <br />256-3 <br />