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LEGAL SERVICES AGREEMENT <br />?A 3 <br />This AGREEMENT, made and entered into this 19 day of November, 2012 by and between <br />Liebert Cassidy Whitmore, a Professional Law Corporation (hereinafter "Attorneys"), and the City of <br />Santa Ana, a charter city duty organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. City desires to employ Attorneys to assist the City in its labor negotiations by providing legal <br />advice and negotiation services to the City, and <br />A-2012-228 <br />B. Attorneys represent that they are licensed to practice law in the State of California, have special <br />experience and knowledge in the fields of personnel and labor law matters, and desire to <br />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 <br />assist its Personnel Agency in transactional and negotiation services related to City's negotiation with the <br />full-time bargaining units, including Police Officers Association (POA) and Service Employees International <br />Union (SEIU), and other legal issues when and as requested by the Executive Director of Personnel. <br />Attorneys accept said employment and agree to perform, in timely and efficient manner all such services as <br />may be requested by the City. Attorneys shall confirm their acceptance of work requested by City in writing <br />by e-mail or letter. <br />2. PAYMENT FOR SERVICES RENDERED <br />A. City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for <br />payment in full for all of said services in regard to each such action, compensation at a maximum rate of $285 <br />per hour for work performed by Partner Attorneys, and $190 per hour for work performed by an assigned <br />associate attorney. The total sum to be expended pursuant to this Agreement shall not exceed $75,000 during <br />the term of this Agreement. <br />B. REIMBURSEMENT FOR COSTS. City agrees to reimburse Attorneys for out-of-pocket <br />expenses including mileage authorized by the Executive Director in connection with the performance of <br />duties under this Agreement <br />3. METHOD OF PAYMENT <br />Attorneys shall, by the 15`x' day of each month, submit a statement, specifying the services <br />performed, dates and number of hours, and itemization of expenses related thereto. Upon submission of <br />each such invoice City shall review, and if approved, shall make payment within thirty (30) days of <br />receipt of such invoice. If City does not approve a charge, City shall notify Attorneys in writing of the <br />reason(s) for non-approval. Attorneys shall not charge City for billing or for discussion regarding the bill. <br />4. CONTROL OF LEGAL MATTERS <br />Attorneys agree that each and every matter or proceeding in which they undertake to assist the City, <br />as aforesaid, shall be and remain under, and subject to the control and direction of said City at all stages, and