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u3 dLE <br />IIVSURFi; -� atis �' <br />'PROCEED <br />CLERK OF COUNCIL <br />DATE, . >' 1 " LEGAL SERVICES AGREEMENT <br />C Cl� U This AGREEMENT, made and entered into this 3) L day of January, 2002 by and <br />(Z F',a' between McCune & Harber, LLP (hereinafter "Attorneys "), and the City of Santa Ana, a charter <br />city and municipal corporation of the State of California ( "City') <br />RECITALS <br />A. The City desires to retain special counsel having special skill and knowledge in the field <br />of public entity tort defense. <br />B. Attorneys represent that they are able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Attorneys represents that they are <br />knowledgeable in their field and that any services performed by Attorneys under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from attorneys in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SERVICES <br />Attorneys agree to provide all services necessary to defend the City from claims and <br />lawsuits filed against the City (the "Scope of Work "). <br />2. COMPENSATION <br />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 <br />rate of $135.00 per hour. The City shall reimburse Attorneys for their actual and reasonable out - <br />of- pocket expenses in incurred within the scope of services under this Agreement. Permissible <br />expenses shall include long distance telephone charges, travel (subject to prior approval by the <br />City Attorney) photocopying and telefacsimile charges, filing fees and other similar expenses <br />that are usually incurred in connection with legal representation. <br />Attorneys agree that without written consent of City, only the following attorneys and <br />paralegals shall be allowed to bill for services under this agreement: <br />Dana McCune <br />Stephen Harber <br />Garrett Hines <br />Kenton Moore <br />Cindy Nguyen <br />Tanya Jackson <br />