HAIGHT BROWN & BONESTEEL 1-2004 - Laserfiche WebLink

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INSURANCE ON Fill WORK MAY PROCEEO UNTIL INSURANCE EXPIRES ~--"- CLERK OF COUNCIL DATE: II-g -0'/ A-2004-185 LEGAL SERVICES AGREEMENT c,:CltD (J. fp,tw¡}.vj This AGREEMENT, made and entered into this 7th day of September 2004 by and between Haight Brown & Bonesteel LLP (hereinafter "Attorneys"), and the City of Santa Ana, a charter city and municipal cOl]Joration of the State of Califomia ("City") RECITALS A. City desires to employ Attorneys to assist the City Attorney in the provision oflegal services to the City, and B. Attorneys represent that they are licensed to practice law in the State ofCalifomia, have special experience and knowledge in Federal Conrt litigation and in the fields ofland use law, municipal litigation, constitutional law, including Religious Land Use and Institutionalized Persons Act (" RLUIP A") and Civil rights litigation and desire to undertake said employment. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. EMPLOYMENT OF ATTORNEYS. City hereby agrees to and does employ Attorneys, for the compensation hereinafter specified, to assist the City Attorney of CITY, when and as requested by said City Attorney to do so. ATTORNEYS accept said employment and agree to perform, in timely and efficient manner; all of such services as may be requested by the City Attorney of CITY. 2. PAYMENT FOR SERVICES RENDERED. A. FEES City agrees to compensate Attorneys, and Attorneys agree to accept nom City, as and for payment in full for all of said services in regard to each such action, compensation at a maximum rate of $200 per hour. B. REIMBURSEMENT FOR COSTS City agrees to reimburse Attorneys for out-of-pocket expenses including mileage authorized by the City Attorney in connection with the performance of duties under tJijs Agreement. 3. METHOD OF PAYMENT Attorneys shall, by the lOth day of each month, submit a statement, specifying the services performed, dates and number of hours, itemization of expenses related thereto. 4. CONTROL OF LEGAL MATTERS. Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. Attorneys further agree, if and when their employment hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning eacli and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. ATTORNEYS INDEPENDENT CONTRACTORS. It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City.