25E - AGMT - SPECIAL LEGAL COUNSEL

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LEGAL SERVICES AGREEMENT This AGREEMENT, made and entered into this _ of December, 2012 by and between Jones & Mayer, a California professional law corporation (hereinafter "Attorneys"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ("City"). RECITALS A. City desires to employ Attorneys to assist the City Attorney in the provision of legal services to the City, and B. Attorneys represent that they are licensed to practice law in the State of California, admitted to the United States District Court for the Central District of California, have special experience and knowledge in the field of public entity tort defense 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 ATTORNEYS City hereby agrees to and does employ Attorneys, for the compensation hereinafter specified, to assist the City Attorney in transactional and litigation services related to City matters and other legal issues when and as requested by the City Attorney to do so. Attorneys accept said employment and agree to perform, in timely and efficient manner all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e-mail or letter. 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 to each such action, compensation at a maximum billing rate of $225 per hour. The total sum to be expended pursuant to this Agreement shall not exceed $50,000 during the term of this Agreement. 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. 3. METHOD OF PAYMENT Attorneys shall submit a monthly statement, specifying the services performed, dates and number of hours, and 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. 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 25E-3