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5 <br />Year 4 (commencing July 1, 2019 and ending June 30, 2020): <br />No Volume Discount. <br />Year 5 (commencing July 1, 2020 and ending June 30, 2021): <br />No Volume Discount. <br />If, pursuant to Section 16, this Agreement is terminated prior to June 30, 2019, all outstanding <br />volume discounts remain due and payable. Meyers Nave’s “out-of-pocket” expense to pay any <br />outstanding amount(s) will be consistent with the dates set forth for years 1-3 above. <br />i) City reserves the right to retain outside counsel not associated with Meyers Nave to provide <br />legal services. If the City decides to retain outside counsel, Meyers Nave may provide oversight <br />of the outside counsel as requested by the City Manager. <br />5. No Assignment <br />This Agreement is entered into by City and Meyers Nave and except as set forth herein the rights <br />and obligations of Attorney may not be assigned or delegated to any other attorney of Meyers <br />Nave without express written consent of the City Council. This Agreement is not assignable. <br />6. Contract and Performance Review <br />Each year during the month of April, Attorney and City Council shall meet to review the <br />performance of Attorney and members or associates of the firm in furnishing the services <br />provided hereunder. The parties may agree to changes or amendments hereto including, but not <br />limited to extension of the term of this Agreement, which changes or amendments shall be <br />evidenced by written amendment hereto. <br />7. Joint Representation/ Of Counsel <br />Meyers Nave maintains counsel agreements with certain legal specialists who are deemed <br />independent contractors under the applicable provisions of the tax laws. They are not considered <br />employees of the Meyers Nave. In the event that the matter of which City has engaged Meyers <br />Nave to handle requires the use of that such certain specialist, it is necessary that City consent to <br />dual representation by Meyers Nave and the specialist providing services. The arrangement has <br />no effect whatsoever on the cost of legal services. It is merely an ethical requirement that Meyers <br />Nave disclose this fact and that City consent. The City is consenting by signing this <br />Agreement. <br />8. Conflict of Interest <br />Meyers Nave represents many public agencies in California. Since 1986, Meyers Nave has <br />represented over five hundred public clients, including numerous cities, redevelopment agencies, <br />special districts, counties and other public entities. Meyers Nave is continually growing and is <br />accepting new engagements all the time. As such it is virtually inevitable that Meyers Nave will <br />work on projects from other clients having different governmental or political objectives, beliefs