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AGREEMENT FOR LEGAL SERVICES BETWEEN CITY OF SAN LEANDRO AND MEYERS NAVE <br />3 <br />The above definition of litigation does not preclude the City from assigning tort litigation to attorneys from qualified panel firms selected by the City’s third party administrator in consultation with the City Attorney and the City’s Risk Manager, nor affect the provisions of section 4H regarding the potential to retain separate legal counsel for any legal assignment(s) that would otherwise be performed by Meyers Nave. All litigation and cost recovery shall be billed separately pursuant to Sections 2B and 4 (b) and (c) below. <br />3. Independent Contractor <br />Meyers Nave declares that it is engaged in an independent business and agrees to perform the services provided for in this Agreement as an independent contractor and not as the agent, servant, or employee of the City. Meyers Nave shall be solely responsible for its own matters relating to payment of employees, including compliance with social security, withholding and all other regulations governing such matters. <br />4. Compensation. <br />a) For all legal services other than those described in Sections 4(b) and 4(c) of the Agreement, the City will compensate Meyers Nave in the amount of $275 per hour during fiscal year 2020-2021, $280 per hour during fiscal year 2021-2022, and $285 per hour during fiscal year 2022-2023 for all attorney services whether by Attorney (Richard D. Pio Roda, the City Attorney) or by other attorneys associated with Meyers Nave, and will compensate Meyers Nave $150 per hour for all paralegal services; <br />b) Attorney, through Meyers Nave, shall be compensated between $350 and $450 per hour for all litigation services (as defined in Section 2B of the Agreement) rendered whether by Attorney or by other attorneys associated with Meyers Nave. These rates are only applicable if the City selects Meyers Nave to provide litigation services; the City has the discretion to select any other qualified firm to provide litigation services. <br />c) For all legal services for which the City is reimbursed by third parties, commonly referred to as “Cost Recovery Work,” Meyers Nave shall be compensated at between $375 and $475 per hour depending on the experience level of the Meyers Nave attorney assigned to the project. <br />d) City shall separately reimburse Meyers Nave for customary costs and disbursements, including deposition and witness fees, court costs, telephone, photocopying, facsimile charges, computer research online fees and messenger services. <br />e) 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; <br />f) During the term of this Agreement, the hourly rates set forth in 4a) for legal services will be adjusted each July 1, beginning July 1, 2023, by the April percentage change in the Consumer Price Index (CPI) for San Francisco-Oakland-San Jose area. During the term of this Agreement, the hourly rates set forth in 4b) and 4c) will be adjusted each July 1, beginning July 1, 2020, by the April <br />417