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?ttVSURaNC?L?10T REQUIRED <br />WQ??K MAY PROCEED <br />CLERK OF COUNCIL <br />N-2017 -749 <br />DATE:. ??? ? 24? <br />EXPERT WITNESS SERVICES AGREEMENT <br />LC?l4+?'G This AGREEMENT made and entered into this ? day of ,_J ti , 201 1 by and between Joe <br />??e???Callanan and Associates (hereinafter "Expert"), and the City of Santa Ana, a charter city duly organized <br />nd existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. City desires to employ Expert to assist the City by providing expert testimony and consulting <br />services in Police litigation matters, and <br />B. Expert represents that it has special experience and knowledge in the fields of law enforcement <br />policy, procedure, training and practices, and desire to undertake said employment. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and <br />conditions hereinafter set forth, the parties agree as follows: <br />1. EMPLOYMENT OF EXPERT. <br />City hereby agrees to and does employ Expert, to assist its City Attorney in investigation and <br />testimony services related to litigation involving law enforcement matters, when and as requested by the City <br />Attorney to do so. Expert accepts said employment and agrees to perform, in timely and efficient manner all <br />such services as may be requested by the City. Expert shall confirm its acceptance of work requested by City <br />in writing by e-mail or letter. <br />COMPENSATION <br />a. City agrees to pay, and Expert agrees to accept as total payment for its services, the rates and <br />charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed <br />$25,000 during the term of this Agreement. <br />b. Payment by City shall be made within ninety (90) days following receipt of proper invoice <br />evidencing work performed, subject to City accounting procedures. Payment need not be made for work <br />which fails to meet the standards of performance set forth in the Recitals which may reasonably be <br />expected by City. <br />3. CONTROL OF LEGAL 1`ZA.TTF_RS_ <br />Expert agrees that each and every matter or proceeding in which they undertake to assist the City, as <br />aforesaid, shall be and remain under, and subject to the control and direction of said City at all stages, and <br />that they shall at all times keep the City Attttorney informed of all matters pertaining thereto. City will keep <br />Expert informed of all significant developments in matters relating to any representation undertaken by <br />Expert. <br />Expert further agrees, if and when its employment hereunder is terminated by City, as hereinafter <br />specified, it shall return to the City Attorney any and all files then in its possession concerning each and every <br />matter or proceeding in which they assisted the City pursuant to this Agreement. <br />4. EXPERT INDEPENDENT CONTRACTORS. <br />It is mutually agreed by and between the parties that, in the performance of its covenants hereunder, <br />Expert is and shall be an independent contractor, and not an officer or employee of City.