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Chuck Whiting <br /> October 14, 1999 <br /> Page 3 <br /> publications or attorneys' continuing legal education requirements. Billings by the Firm to <br /> the City for services, costs and disbursements shall be made monthly. The billing statement <br /> shall be of sufficient detail to adequately inform the City concerning the tasks performed, <br /> the attorney performing them,the time spent on each such task and the nature and the extent <br /> of costs and disbursements. The statement shall also show the total time spent and the fees, <br /> charged under category 3b and the total time spent under category 3a. Within the limits of <br /> its billing system, the Firm's billing statement shall also, as requested by the City Clerk- <br /> Administrator, show the types of work done in various categories and the time spent and <br /> 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. <br /> 6. The hourly rate for all attorneys of the Firm for services for which costs are passed through <br /> to a developer or applicants will be$135.00. For all civil litigation or formal administrative <br /> proceedings, commencing with the service on the City of a summons and complaint or <br /> formal charge or notice of administrative proceedings, the hourly rate for attorneys of the <br /> Firm will be$135.00. <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 its <br /> clients. <br /> 8. It is the intention of the parties and it is hereby agreed that the "primary City Attorney" as <br /> 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 services <br /> 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 services <br /> 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 create <br /> a potential conflict of interest,unless: <br /> a) The Firm reasonably believes the representation will not adversely affect its <br /> relationship with the City; and <br /> b) The City and such other person or entity have consented after consultation. <br /> RCL-170255 <br /> MU125-11 <br />