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<br />, <br /> <br />. <br />INSdRANCE Nul ON fiLe <br />WQfIK MAY NQ1 PROCEED <br />CLERK Or COUNCIL <br />DATE: ). -Ify D(; <br /> <br />A-2006-007 <br /> <br />LEGAL SERVICES AGREEMENT <br /> <br />This AGREEMENT, made and entered into this 3" day of January 2006 by and between Bannan, Green, <br />Frank & Terzian, LLP (hereinafter "Attorneys"), and the City of Santa Ana, a charter city and municipal corporation <br />of the State of Cali fomi a ("City") <br /> <br />RECITALS <br /> <br />A. City desires to employ Attorneys to assist the City Attorney in the provision of legal services to the City in <br />regard to a personnel matter, and <br /> <br />B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and <br />knowledge in the field of employment and personnel law and desire to undertake said employment. <br /> <br />NOW THEREFORE, in consideration ofthe mutual and respective promises. and subject to the terms and <br />conditions hereinafter set forth, the parties agree as follows: <br /> <br />I. EMPLOYMENT OF ATTORNEYS. <br /> <br />City hereby agrees to and does employ Attomeys, Richard Terzian and Kristin Peiletier, to assist its City <br />Attorney in the matter of "Raul Quintero v City of Santa Ana, et aI., Orange County Superior Court #05CC 13200". <br />Attorneys accept said employment and agree to perfonn, in timely and efficient manner all such services as may be <br />requested by the City Attorney. <br /> <br />2. PAYMENT FOR SERVICES RENDERED. <br /> <br />A. FEES <br />City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in fuil for ail <br />of said services in regard the stated lawsuit, compensation at a maximum rate of $265 per hour for work performed. <br /> <br />B. REIMBURSEMENT FOR COSTS <br />City agrees to reimburse Attorneys for out-of-pocket expenses including mileage authorized by the City <br />Attorney in connection with the performance of duties under this Agreement. <br /> <br />3. METHOD OF PAYMENT <br /> <br />Attorneys shall, by the 10" day of each month, submit a statement, specifying the services performed, dates <br />and number of hours, itemization of expenses related thereto. <br /> <br />4. CONTROL OF LEGAL MATTERS. <br /> <br />Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as <br />aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that <br />they shall at all times keep the City Attorney informed of all matters pertaining thereto. <br /> <br />Attorneys will notiI)< City promptly of any settlement offer received by Attorneys. City will keep Attorneys <br />informed of all significant developments in matters relating to any representation undertaken by Attorneys. <br /> <br />Attorneys further agree, if and when their employment hereunder is tenninated by City, as hereinafter specified, <br />they shall return to City Att0rney any and all files then in their possession concerning each and every matter or <br />proceeding in which they represented the City pursuant to this Agreement. <br />