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LEGAL SERVICES AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND <br />BERTRAND, FOX, AND ELLIOT <br />THIS AGREEMENT for legal services is made by and between the City of San Leandro ("City") and <br />Bertrand, Fox, and Elliot ("Attorney") (together sometimes referred to as the "Parties") as of June 25, 2013 <br />(the "Effective Date"). <br />Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Attorney's <br />engagement with .City shall be limited to legal representation in the case of Mengel et al. v. City of San <br />Leandro, as more fully described in the legal services proposal attached as Exhibit A at the time and place <br />and -in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this <br />Agreement and Exhibit A, the Agreement shall prevail. <br />1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall <br />end in two years on June 30, 2015, with an option to extend agreement for an additional <br />two years unless the term of the Agreement is otherwise terminated or extended, as <br />provided for in Section 8. The time provided to Attorney to complete the services required <br />by this.Agreement shall not affect the City's right to terminate the Agreement, as <br />referenced in Section 8. <br />1.2 Standard of Performance. Attorney, shall perform all services required pursuant to this <br />Agreement in the manner and according to the highest standards and ethics observed by a <br />competent Attorney in the State of California. Attorney shall at all times be a member in <br />good standing of the California State Bar. <br />1.3 Assignment of Personnel. Attorney shall assign only competent senior and junior <br />associate attorneys to perform services pursuant to this Agreement. In the event that City, <br />in its sole discretion, at any time during the term of this Agreement, desires the <br />reassignment of any s.uch persons, Attorney shall, immediately upon receiving notice from <br />City of such desire of City, reassign such person or persons. <br />1.4 Time. Attorney shall devote such time to the performance of services pursuant to this <br />Agreement as may be reasonably necessary to meet the standard of performance <br />provided in Subsection 1.2 above and to satisfyAttorney's obligations hereunder. <br />1.5 Section Reserved. <br />1.6 Section Reserved, <br />Section 2. 'COMPENSATION. City hereby agrees to pay Attorney a sum not to exceed $49,999.00, <br />notwithstanding any contrary indications that may be contained in Attorney's proposal, for services to be <br />performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this <br />Agreement and Attorney's proposal, attached as Exhibit regarding the amount of compensation, the <br />Agreement shall prevail. City shall pay Attorney for service rendered pursuant to this Agreement at the <br />time and in the manner set forth herein. The payments spe ified herein shall be the only payments from <br />Consulting Services Agreement between June 25, 2013 <br />City of San Leandro and Bertrand, Fox, and Elliot Page 1 of 13 <br />