GIBBONS & CONLEY 1-2004 - Laserfiche WebLink

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," I 'NSU¡(~NCE ON FILE ~~~~ ~:iU~~~~iJxPIRES ri-rU:J CLERK OE COUNCIL ~ OATE: /0 -I )-- 0 A-2004-179 .' LEGAL SERVICES AGREEMENT C- ~ PeR5 (It. ReV-ViI) This AGREEMENT, made and entered into this 7th day of September 2004 by and between Gibbons and Conley (hereinafter "Attorneys"), and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City") WITNESSETH Recitals: L The parties hereto entered into a certain agreement dated February 2,1998, hereinafter referred to as "said agreement as amended," for the purpose of employing ATTORNEYS to assist the City Attorney in the defense of actions for damages against City, its agencies, officers and employees. 2. CITY and ATTORNEYS desire to amend the fee schedule of said agreement as amended. WHEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: L 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 lÌom City, as and for payment in full for all of said services in regard to each such action, compensation at a maximum rate of$175 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 lOth day of each month, submit a statement, speciJying 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.