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n <br /> i <br /> LEGAL SERVICES AGREEMENT <br /> 1. IDENTIFICATION OF PARTIES. This agreement, executed in duplicate with each <br /> party receiving an executed original, is made between Donald H. Maynor, A Professional <br /> Corporation, hereafter referred to as "LAW FIRM", with a business address of 235 Catalpa <br /> Dri��e, Atherton, CA 94027, and the City of Redwood City, hereafter referred to as "CITY", with <br /> a business address of City of Redwood City, 1017 Middlefield Road, Redwood City, CA 94064. <br /> This agreement is required by Business and Professions Code Section 6148 and is <br /> intended to fulfill the requirements of that section. <br /> 2. LEGAL SERVICES TO BE PROVIDED. The legal services (and other related <br /> services requiring legal expertise) to be provided by LAW FIRM to CITY are as follows: This <br /> agreement is intended primarily to ensure the availability of LAW FIRM to perform "Revenue <br /> Protection Services" to the CITY (as described in Section 3(B) of Attachment "A"), and to assist <br /> CITY and CITY's consultant (MMC) in connection with legal issues that arise in the audit and <br /> compliance activities performed by MMC, all of which are described in the CITY's agreement <br /> with MMC/MRC entitled "Utility Users Tax/Franchise Compliance and Revenue Protection <br /> Program," dated ---, 2000, and hereafter referred to as the "MMC Agreement", a cop�� of which <br /> is attached hereto as Attachment "A". <br /> 3. LEGAL SERVICES SPECIFICALLY EXCLUDED. Legal services that are not to be <br /> provided by LAW FIRM under this agreement specifically include, but are not limited to, the <br /> following: Consultations beyond those legal, tax preservation and protective services described <br /> in Paraaraph 2 of this agreement (and as more specifically described in Section 3(B) of the MMC <br /> A�reement). and any activity related to litigation. If CITY wishes that LAW FIRM provide any <br /> le�al ser��ices not to be provided under this agreement, a separate written agreement between <br /> LAW FIRM and CITY will be required. <br /> 4. RESPONSIBILITIES OF LAW FIRM AND CITY. LAW FIRM will perform the <br /> legal, tax preservation and protective services called for under this agreement and respond <br /> promptl}� to CITY's inquiries and communications. CITY will be truthful and cooperative with <br /> LAW FIRM and timely make any payments required by this agreement. <br /> 5. ATTORNEY CLIENT RELATIONSHIP WITH CITY ONLY. It is acl:nowledged <br /> that LAW FIRM will work cooperatively with CITY's consultant, MMC, in the providing of <br /> services set forth in the MMC Agreement. to the benefit of CITY. It is also understood that <br /> CITY, not MMC, is the client of LAW FIRM, and that LAW FIRM provides no legal services <br /> directly to MMC that would establish an attorney/client relationship between LAW FIRM and <br /> MMC. <br /> 6. ATTORNEY'S FEES. As described in Section 6(A) of the MMC Agreement, the <br /> CITY's total annual fixed fee shall be the greater of: i) one-half percent (0.5%) of the total UUT <br /> re�•enues received by the CITY (excluding UUT revenues derived from ---) based on the prior <br /> fiscal year, or ii) ten thousand dollars ($10,000). CITY shall pay to LAW FIRM a portion of <br /> said total annual fixed fee equal to the greater of: i) one-eighth percent (0.125%) of the total <br /> liliT revenues received by the CITY for the prior fiscal yeaz, or ii) five thousand dollazs <br /> A�mt-311 1 <br /> F:/Shared/Redwood/Council <br /> I 0/ I ?!00 <br />