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DES:mmg ~6/08/89 (~40/026) <br /> <br /> 2. WORK PRODUCT. The parties agree that Harris services <br />shall be performed only as requested by Counsel, and solely under <br />Counsel's direction and control in anticipation of litigation. <br />Harris agrees that all documents and work products produced will <br />be submitted solely to Counsel, and that all work performed will <br />be considered as "privileged and confidential". Harris agrees <br />that the foregoing requirement is a primary element of <br />consideration of this Agreement. Harris shall perform the <br />services requested by Counsel upon receipt of a fully executed <br />Task Order from City signed by City's City Manager. <br /> <br /> 3. COMPENSATION; LIMITATION. (a) Basis. For work <br />performed under any Task Order, Harris shall be compensated on <br />the basis of hourly rates. Hourly rates to be charged for each <br />service will be attached to each Task Order. <br /> <br /> If Harris utilizes subconsultants, said consultant's <br />services shall be invoiced at cost plus ten percent (10%) to <br />cover insurance liability costs. <br /> <br /> Harris shall revise the hourly rate schedule yearly on <br />its fiscal anniversary and provide the new schedule to City. New <br />rates shall be effective on the first day of the new corporate <br />fiscal year. <br /> <br /> (b) Payment. Payments shall be made by City for approved <br />services within thirty (30) days from receipt of a detailed <br />invoice or invoices from Harris; provided that Harris shall <br />not invoice City for services prior to thirty (30) days <br />following execution of this Agreement, nor more frequently than <br /> <br /> <br />