8L Consent 2008 0902 - Laserfiche WebLink

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Agreement for City Attorney Legal Services D. Review The City and Meyers Nave shall review the compensation for "Basic Level of Services" and for "Additional Legal Services" annually. E. Increases Commencing on July 1, 2009, and annually thereafter, at the commencement of each succeeding fiscal year, the retainer amount for "Basic Level of Services" shall be automatically adjusted in an amount of the change in the Consumer Price Index for the San Francisco Bay Area, all urban consumers for San Francisco, Oakland, San Jose Metropolitan Area, published bimonthly by the United States Department of Labor, Bureau of Labor Statistics or any successor index. By April 1st of each year, Meyers Nave may propose any additional increase in compensation for "Additional Legal Services" to become effective each July 15t of this Agreement following discussion by and consideration of the request by all relevant parties. 6. Selection of Counsel City reserves the right to retain outside counsel not associated with Meyers Nave to provide legal services at the City's sole discretion. If the City decides to retain outside counsel, Meyers Nave may provide oversight of the outside counsel as requested by the City Manager. 7. Costs and Expenses Meyers Nave shall bill the City monthly for the overhead costs incurred. We charge an administrative fee of 5% of our fees in lieu of individual charges for normal duplicating, long distance telephone, express mail, postage, messenger services, computer research, and the like. However, if the City prefers to pay actual charges for such overhead, we will be happy to charge such at our internal cost, The City shall reimburse Meyers Nave for the actual costs incurred by outside vendors working directly on the case/matter, such as court costs, including filing fees, witness fees, experts and depositions and discovery costs not directly paid by the City. Meyers Nave may use City equipment (such as but not necessarily limited to postage, stationery, office supplies, library, and copying) while working on behalf of the City and at its City Hall at no cost to Meyers Nave. Monthly Billing Meyers Nave shall keep a record of time spent on all matters in increments of one-tenth (0.1) of an hour. Each task shall be distinctly and completely identified. The billing entry must contain the name or initials of the individual performing the task, the nature of the task, the date it was performed, and the length of time it took. Meyers Nave shall submit all invoices no later than the last day of the month following the month in which services were performed and actual costs incurred. 9. Independent Contractor Meyers Nave declares that it is engaged in an independent business and agrees to perform -5-