DAVID MORSE & ASSOCIATES - 2012 - Laserfiche WebLink

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JAN 2 6 201$ CPrO C0N-2012-003©; `)eQlle a Palma LEGAL SERVICES AGREEMENT This AGREEMENT made and entered into this day .2012 by and between DAVID N40RSE R ASSOCIATES. (hereinafter "DMA'). and the City of -Santa Ana, a charter city duly organized and existing under the Constitution and laws ofthe State of California ("City"). RECITALS A. City desires to employ DMA to assist the City by providing Investigating services and consulting services in litigation matters, and B. DMA represents that it has special experience and knowledge in the field of Investigation Services, and desire to undertake said employment. 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. EMPLOYMENT OF DMA City hereby agrees to and does employ DNIA, to assist its City Attorney in investigation and testimony services related to litigation matters, when and as requested by the City Attorney to do so. DMA accepts said employment and agrees to perform. in timely and efficient manner all such services as may be requested by the City. DNIA shall confirm its acceptance of -work requested by City in writing by e-mail or letter. COMPENSATION a_ City agrees to pay, and DMA agrees to accept as total payment for its services, the rates and charges identified in Exhibit A_ The total sum to be expended under this Agreement shall not exceed $25,000 during the terns ofthis Agreement_ b. Payment by City shall be made within ninety (90) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures_ Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. CONTROL OF LEGAL MATTERS. DMA agrees that each and every matter or proceeding in which they undertake to assist the City, as aforesaid, shall be and remain under, and subject to the control and direction of said City at all stages_ and that they shall at all times keep the City Attorney informed ofall matters pertaining thereto. City will keep DNIA informed ofall significant developments in matters relating to any representation undertaken by DMA. DNIA further agrees, ifand when its employment hereunder is tenninated by City, as hereinafter specified, it shall return to the City Attorney any and all files then in its possession concerting each and every matter or proceeding in which they assisted the City pursuant to this Agreement. 4. DMA INDF_PENDENT CONTRACTORS_ It is mutually agreed by and between the parties that, in the performance of its covenants hereunder, DMA is and shall be an independent contractor, and not an officer or employee of -City.