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A- 2004 -031 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 5, l Cp -0 S LEGAL SERVICES AGREEMENT CLERK OF COUNCIL DATEt& -,2-Dq This AGREEMENT, made and entered into this 15`h day of March 2004 by and between Daley & Heft, G C LLP (hereinafter "Attorneys "), and the City of Santa Ana, a charter city and municipal corporation of the State of dye California ( "City") RECITALS A. City desires to employ Attorneys to assist the City Attorney in the provision of legal services to the City, and B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the fields eminent domain, environmental and land use law and municipal 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 from 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 this Agreement. 3. METHOD OF PAYMENT Attorneys shall, by the 10`h 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 each 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.