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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