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INSUR?.P:uL UN FILE N-2011-039 <br />WOR;, ,.-iy PROCEED <br />UN ?N URANCE EXPIRES <br />L <br />CLERK OF COUNCIL LEGAL SERVICES AGREEMENT <br />DATE: M &PR 1 g 2011 <br />C This AGREEMENT, made and entered into this 14`h day of April, 2011 by and between Reed & <br />Davidson, 1-LP (hereinafter "Attorneys"), and the City of Santa Ana, a charter city organized and existing <br />under the Constitution and laws of the State of California ("City") <br />RECI`T'ALS <br />A. City desires to employ Attorneys to assist the City Attorney in the provision of legal services to <br />the City, and <br />B. Attorneys represent that they are licensed to practice law in the State of California, have special <br />experience and knowledge in the fields of political and election law, and desire to undertake said <br />employment <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and <br />conditions hereinafter set forth, the parties agree as follows: <br />1. EMPLOYMENT OF ATTORNEYS. <br />City hereby agrees to and does employ Attorneys, for the compensation hereinafter specified, to <br />assist its City Attorney in transactional and litigation services related to a review of City's Utility Users Tax, <br />and other legal issues when and as requested by said City Attorney to do so. Attorneys accept said <br />employment and agree to perform, in timely and efficient manner all such services as may be requested by <br />the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e-mail or <br />letter. <br />2. PAYMENT FOR SERVICES RENDERED. <br />A. FEES <br />City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in <br />full for all of said services in regard to each such action, compensation at a maximum rate of $350 per hour <br />for work performed by Attorneys, and a rate ranging from $85 to $140 per hour for paralegals and other <br />support staff. The total sum to be expended pursuant to this Agreement shall not exceed $25,000.00. <br />B. REMMURSENIENT 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 />3. METHOD OF PAYMENT <br />Attorneys shall, by the 15`h day of each month, submit a statement, specifying the services <br />performed, dates and number of hours, itemization of expenses related thereto. City shall pay within <br />thirty (30) days of statement receipt, subject to City accounting process. <br />4. CONTROL OF LEGAL MATTERS. <br />Attorneys agree that each and every matter or proceeding in which they undertake to assist the City <br />Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City <br />Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining <br />thereto. <br />Both Attorneys and City agree to inform the other party promptly of all significant developments in <br />matters relating to any representation undertaken by Attorneys.