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A4-2017-940 <br />SPECIAL LEGAL, COUNSEL SERVICES AGREEMENT <br />This AGREEMENT, made and entered into this Al day of dune, 2017, by and between <br />Jones & Mayer, Attorneys at Law, ("Attorneys"), and the City of Santa Ana, a charter city and <br />municipal corporation duly organized and existing under the constitution and taws of the State of <br />California ("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 municipal litigation, specifically code <br />enforcement receivership and nuisance abatement actions, and desire to undertake said <br />services. <br />NOW THEREFORF, 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 />I . RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the <br />compensation hereinafter specified, to assist the City Attorney with the review, filing, and handling <br />of receivership actions pursuant to the California Health and Safety Code. Additionally, the City <br />agrees to and does retain Attorneys for general advice and legal review on a case-by-case basis <br />when matters arise in relation to abatement of nuisances in Code Enforcement. Attorneys accept <br />said retention and agree to perform, in a timely and efficient manner, all such services as may be <br />requested by the City Attorney. Attorneys shalt confirm their acceptance of work requested by City <br />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, the <br />billing rates identified in Exhibit A, attached hereto and made a part hereof, for the services <br />provided. Time will be billed in 1/10th of an hour increments. <br />:,- J LU <br />LL __J <br />OZCC3Z Q <br />ui <br />UJ <br />co <br />(i.) The City and Attorneys agree that the City will pay Attorneys directly for <br />the foregoing services up to $18,000 for each receivership case filed, with <br />the exclusion of cases involving a property that has a marijuana dispensary <br />located thereon. Attorneys agree to recover amounts billed in excess of <br />$18,000 from the court appointed receiver as approved and awarded by the <br />Court pursuant to a fee recovery rrrotion and order, The City, by and through <br />the City Attorney's Office, and Attorneys will agree on a case -by case basis, <br />the amount of fees to be paid directly by the City for receivership cases <br />involving it property that has a marijuana dispensary located thereon. <br />Attorneys matte no representation as to the total potential amount of <br />fees/costs to be incurred on any particular assigned matter. Following notice <br />by Attorneys and acknowledgment by the City, the City agrees to pay <br />