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CITY OF COLTON <br />PROFESSIONAL SERVICES AGREEMENT <br />1. PARTIES AND DATE. <br />This Agreement is made and entered into this 20`h day of May, 2008 by and between the <br />City of Colton, a municipal organization organized under the laws of the State of California with <br />its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") <br />and Carpenter, Rothans and Dumont, a law firm with its principal place of business at 888 <br />South Figueroa Street, Suite 1960, Los Angeles, California 90017 ("Consultant"). City and <br />Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." <br />2. RECITALS. <br />2.1 City and Consultant. <br />City is authorized under California Government Code Section 37103 to contract with <br />specially trained and experienced persons, firms or corporations for special services and advice <br />in legal matters. Consultant desires to perform and assume responsibility for the provision of <br />certain professional legal police defense services required by the City for the representation of <br />former Police Department employee Kenneth Rulon in the following two (2) litigation matters : <br />(1) Jose Antonio Fierro Avalos, et al. v. City of Colton, et al., U.S. District Court Case No. <br />EDCV 06-00568, and (2) Joe Gutierrez, Steve Davis, Charles McCann, Kyle Kershner v. City of <br />Colton, City of Colton Police Department, Kenneth Rulon, U.S. District Court — Central District <br />of California, Case No. CV 07-04934, on the terms and conditions set forth in this Agreement. <br />Consultant represents that it is experienced in providing legal defense services to municipal <br />police departments, is licensed in the State of California, and is familiar with the plans of City. <br />3. TERMS. <br />3.1 Scope of Services and Term. <br />3.1.1 General Scope of Services. Consultant promises and agrees to furnish to <br />the City all labor, materials, tools, equipment, services, and incidental and customary work <br />necessary to fully and adequately supply professional legal police defense services for the <br />representation of former Police Department employee Kenneth Rulon, as requested by the City <br />("Services"). The Services are more particularly described in Exhibit "A" attached hereto and <br />incorporated herein by reference. All Services shall be subject to, and performed in accordance <br />with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all <br />applicable local, state and federal laws, rules and regulations. <br />RV PUB\NSTUBBS\743672.1 <br />