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Chuck Whiting <br /> January 3, 1997 <br /> Page 3 <br /> letter; including computer assisted legal research at the rate charged by the provider. <br /> Reimbursable costs and disbursements shall not include charges for secretarial or word <br /> processing services, or any other unauthorized costs, such as the purchase of legal <br /> publications or attorneys' continuing legal education requirements. Billings by the Firm <br /> to the City for services, costs and disbursements shall be made monthly. The billing <br /> statement shall be of sufficient detail to adequately inform the City concerning the tasks <br /> performed, the attorney performing them, the time spent on each such task and the nature <br /> and the extent of costs and disbursements. The statement shall also show the total time <br /> spent and the fees, charged under category 3b and the total time spent under category 3a. <br /> Within the limits of its billing system, the firm's billing statement shall also, as requested <br /> by the City Clerk-Administrator, show the types of work done in various categories and <br /> the time spent and fees attributable to each of such categories. <br /> 5. In instances where the Firm is authorized to act as approving bond counsel on a particular <br /> transaction, fees for services rendered by the Firm in such capacity shall be those usually <br /> and customarily charged by the Firm for such services and shall be negotiated on a fixed <br /> rate for each separate transaction. (Dave Kennedy or Bruce Batterson would act as bond <br /> counsel.) <br /> 6. The hourly rate for all attorneys of the Firm for services for which costs are passed <br /> through to a developer or applicants will be $125.00. For all civil litigation or formal <br /> administrative proceedings, commencing with the service on the City of a summons and <br /> complaint or formal charge or notice of administrative proceedings, the hourly rate for <br /> attorneys of the Firm will be $125.00. <br /> 7. The Firm will provide, without cost to the City, any relevant summaries of legislation of <br /> recent court decisions, so long as the Firm continues to provide such service generally to <br /> its clients. <br /> 8. It is the intention of the parties and it is hereby agreed that the "primary City Attorney" <br /> as used herein means and refers to Robert C. Long who will, except in the case of <br /> extraordinary circumstances involving disability, unavoidable conflict or other good and <br /> substantial reasons, perform, supervise and be responsible to the City for the legal <br /> services herein agreed upon. <br /> The Firm shall, upon request, provide the City with the names and qualifications of other <br /> attorneys employed by the Firm who may from time-to-time be directed to perform <br /> services described in this letter under the supervision of Robert Long. <br /> 9. The Firm agrees that it will not undertake the representation of any person or other entity <br /> during its appointment as general counsel in instances where such representation may <br /> create a potential conflict of interest, unless: <br /> RCL114982 <br /> MU125-11 <br />