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A-2004-233 <br />`v `~~~~ <br />~ ~ <br />LEGAL SERVICES AGREEMENT <br />This AGREEMENT, made and entered into this _ day of December 2004 by and between Richards, <br />Watson, Gershon, a Professional Corporation (hereinafter "Attorneys"), and the City of Santa Ana, a charter city and <br />municipal corporation of the State of California ("City") <br />RECITALS <br />A. City desires to employ Attomeys to assist the City Attomey in the provision of legal services to the City, <br />and <br />B. Attomeys represent that they aze licensed to practice law in the State of California, have special experience <br />and knowledge in the fields of land use law, including the referendum process and municipal litigation and <br />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 ATTORNEYS. <br />City hereby agrees to and does employ Attorneys, for the compensation hereinafter specified, to assist its City <br />Attorney, when and as requested by said City Attomey to do so. Attomeys accept said employment and agree to <br />perform, m timely and efficient manner all such services as maybe requested by the City Attomey. <br />2. PAYMENT FOR SERVICES RENDERED. <br />A. FEES <br />City agrees to compensate Attorneys, and Attomeys agree to accept from City, as and for payment in full for all <br />of said services in regard to each such action, compensation at a maximum mte of $250 per hour for work performed by <br />Attomey shareholders, and $195 per hour for work performed by associates. <br />B. REIMBURSEMENT FOR COSTS <br />City agrees to reimburse Attomeys for out-of-pocket expenses including mileage authorized by the City Attomey in <br />connection with the performance of duties under this Agreement. <br />3. METHOD OF PAYMENT <br />Attomeys shall, by the l0a' day of each month, submit a statement, specifying the services performed, dates <br />and number of hours, itemization of expenses related thereto. <br />4. CONTROL OF LEGAL MATTERS <br />Attomeys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as <br />aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that <br />they shall at all times keep the City Attomey informed of all matters pertaining thereto. <br />Attorneys will notify City promptly of any settlement offer received by Attomeys. City will keep Attomeys <br />informed of all significant developments in matters relating to any representation undertaken by Attomeys. <br />Attomeys further agree, if and when their employment hereunder is temvnated by City, as hereinafter specified, <br />they shall return to City Attorney any and all files then in their possession concerning each and every matter or <br />proceeding in which they represented the City pursuant to this Agreement. <br />