HomeMy WebLinkAboutSheppard, Mullen, Richter & Hampton, LLPCity of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION FORM
Please complete this form when the attached agreement and all
amendments (if any) are no longer in effect.
Return form to the Clerk of the Council Office (M -30).
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The agreement with h� D �Ca rc _ (Yll a l l I
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Revised 04 -12 -10
LEGAL SERVICES AGREEMENT
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WORK MAY PROCEED
CLERK OF COUNCIL
DATE:
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THIS AGREEMENT, entered into this 17 °i day of March, 2000, by and between the CITY
OF SANTA ANA, a charter city and municipal corporation, duly organized and existing under
the Constitution and laws of the State of California (CITY) and Richard J. Simmons, Sheppard,
Mullin, Richter & Hampton, LLP (ATTORNE40)NEY
WHEREAS, CITY desires to AT to assist the CITY in the provision of
legal services to the CITY; and
WHEREAS, ATTORNEY represents that he is licensed to practice law in the State of
California, has special experience and knowledge in the fields of labor law and the FLSA, and
ATTORNEY desires to undertake said employment;
WHEREFORE; for and in consideration of their respective and mutual covenants and
agreements hereinafter contained, and subject to all the terms and conditions hereof, the parties
hereto do hereby agree as follows:
1. EMPLOYMENT OF ATTORNEY. n
CITY hereby agrees to and does AT ORNEY, for the compensation hereinafter
specified, to assist the CITY by preparing a Legal Opinion as to the viability of a lawsuit by
members of the Santa Ana Police Officers Association for violation of the Fair Labor Standards
Act. CITY understands that the legal opinion to be drafted by ATTORNEY will be based on the
factual information provided by the CITY.
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CITY agrees to compensate ATTORNEY, and ATTORNEY agrees to accept $7,000.00
from CITY, as payment in full for the drafting of the legal opinion identified in the first
paragraph of this AGREEMENT. The total dollar amount was divided into a $500.00 retainer,
which has been received by ATTORNEY, and an additional $6,500.00 upon completion of the
legal opinion.
METHOD OF PAYMENT
CITY, shall, within 30 days of the signing of this Agreement by ATTORNEY, pay
$6,500.00 to ATTORNEY, as payment in full for services rendered under this Agreement,
subject to the City's accounting procedures.
CONTROL OF LEGAL MATTERS.
ATTORNEY agrees that each and every matter or proceeding in which they undertake to
assist the CITY, as aforesaid, shall be and remain under, and subject to the control and direction
of said CITY at all stages, and that they shall at all times keep the CITY informed of all matters
pertaining thereto.
ATTORNEY AS INDEPENDENT CONTRACTOR.
It is mutually agreed by and between the parties that, in the performance of these covenants
hereunder, ATTORNEY is and shall be an independent contractor, and not an officer or
employee of CITY.
6. TERMINATION.
This AGREEMENT may be terminated by either party upon thirty (30) days written notice
to the other party. Notices shall be deemed given in writing when addressed to the party,
deposited in the United States mail, certified, return - receipt requested, postage prepaid to the
following addresses:
CITY:
City Attorney's Office
City of Santa Ana
Attn: Hugh Halford
20 Civic Center Plaza
Santa Ana, California 92701
ATTORNEY:
Richard J. Simmons
Sheppard, Mullin, Richter & Hampton LLP
333 South Hope Street, Forty- Eighth Floor
Los Angeles, CA 90071 -1398
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
ATTEST:
Patricia E. Healy
Clerk of the Council
APPROVED AS TO FORM:
W 249,42
Hugh Halford
Assistant City Attorney
EC MMENDEDFORAPPROVAL:
Paul M. Walters
Chief of Police
CITY OF SANTA ANA, a municipal
corporation of the State of California
avid N. Ream
City Manger
Attorney
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& Hampton LLP