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4. Compensation. <br /> a) For all legal services other than those described in (b) and (c) below, <br /> City shall compensate Meyers Nave the amount of$210 per hour for <br /> all attorney services whether by Attorney or by other attorneys <br /> associated with Meyers Nave and shall compensate Meyers Nave$135 <br /> per hour for all paralegal services; <br /> b) Attorney,through Meyers Nave, shall be compensated in the amount <br /> of$264 per hour for all litigation services rendered (as defined in <br /> section 2B above) whether by Attorney or by other attorneys <br /> associated with Meyers Nave; <br /> c) For all legal services for which the City is reimbursed by third parties <br /> (e.g. land use cost recovery),referred to herein as "Cost Recovery <br /> Work" Meyers Nave shall be compensated at between$250 and$350 <br /> per hour depending on the experience level of the Meyers Nave <br /> attorney assigned to the project; <br /> d) City shall separately reimburse Meyers Nave for customary costs and <br /> disbursements,including deposition and witness fees, court costs, <br /> telephone,photocopying, facsimile charges, computer research on- <br /> line fees and messenger services. <br /> e) Meyers Nave shall keep a record of time spent on all matters in <br /> increments of one-tenth (0.1) of an hour. Each task shall be distinctly <br /> and completely identified. The billing entry must contain the name or <br /> initials of the individual performing the task,the nature of the task, <br /> the date it was performed, and the length of time it took. Meyers Nave <br /> shall submit all invoices no later than the last day of the month <br /> following the month in which services were performed and actual <br /> costs incurred; <br /> f) The rates set forth in a) shall remain in effect for thirteen months <br /> from the date of this Agreement or until such time as the Agreement is <br /> terminated in accordance with the provisions of paragraph 16. <br /> g) The total amount charged to the City for services described in Section <br /> 2A for the thirteen month period beginning on June 1, 2013 and <br /> ending on June 30, 2014 shall not exceed$778,700.00, exclusive of <br /> reimbursable costs. All fees and costs for each litigation case assigned <br /> to Meyers Nave under Section 2B shall have a separate budget. Cost <br /> Recovery Work charges shall also be separately charged, and not <br /> included within the not to exceed amount referred to herein. <br /> h) The total amount to be charged pursuant to 4.g) shall be reduced up <br /> to a maximum of$50,000 (that is, from$778,700 to $728,700) in the <br /> event the City Manager,upon consultation with the City Attorney and <br /> approval of the City Council, retains separate legal counsel for any <br /> legal assignment(s) that would otherwise be performed by Meyers, <br /> Nave. <br /> 4 <br />