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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 July 1, <br /> 2014(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,as more fully described in the legal services <br /> proposal attached as Exhibit A at the time and place and in the manner specified therein. In the event of a <br /> conflict in or inconsistency between the terms of this 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, 2016, with an option to extend agreement for an additional <br /> two yearsunless 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 such 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 satisfy Attorney'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 $100,000.00, <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 B, regarding the amount of compensation, the <br /> Agreement shall prevail. City shall pay Attorney for services rendered pursuant to this Agreement at the <br /> time and in the manner set forth herein. The payments specified herein shall be the only payments from <br /> City to Attorney for services rendered pursuant to this Agreement. Attorney shall submit all invoices to City <br /> Consulting Services Agreement between July 1, 2014 <br /> City of San Leandro and Bertrand, Fox, and Elliot Page 1 of 13 <br />