CARPENTER, ROTHANS & DUMONT-2006

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LEGAL SERVICES AGREEMENT A- 2006 -314 This AGREEMENT, made and entered into this 2151 day of November 2006 by and between Carpenter, Rothans & Dumont (hereinafter "Attorneys "), and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City") RECITALS A. The City desires to retain special counsel having special skill and knowledge in the field of public entity tort defense. B. Attorneys represent that they are able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Attorneys represents that they are knowledgeable in their field and that any services performed by Attorneys under this Agreement will be performed in compliance with such standards as may reasonably be expected from attorneys in the field. 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. SCOPE OF SERVICES Attorneys agree to provide all services necessary to defend the City from claims and lawsuits filed against the City (the "Scope of Work "). 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 the stated lawsuit, compensation at a maximum rate of $170.00 per hour for work performed. 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. METHOD OF PAYMENT Attorneys shall, by the W 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 will notify City promptly of any settlement offer received by Attorneys. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. 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.