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<br />ORIGINAL <br /> <br />AGREEMENT FOR SPECIAL COUNSEL SERVICES <br />[Remcho Johansen & Purcell] <br /> <br />THIS AGREEMENT is made and entered into as of the Ç:, day of <br />~~\4..e.r , 2005, by and between the CITY OF REDWOOD CITY, a charter <br />city and municipal corporation of the State of California ("City") and Remcho Johansen <br />& Purcell ("Special Counsel") (collectively, the "Parties"). <br /> <br />RECITALS <br /> <br />A. City requires the professional services of an attorney that is experienced <br />in general municipal law, with practice areas including, but not limited to, adult business <br />ordinances under the First Amendment and litigation related thereto. <br /> <br />B. Special Counsel has the necessary experience and history in providing <br />professional services and advice related to general municipal law including, but not <br />limited to, those areas specifically required by the City. <br /> <br />NOW, THEREFORE, in consideration of these recitals and the mutual covenants <br />contained herein, the Parties agree as follows: <br /> <br />1. Scope of Work. City retains Special Counsel to perform, and Special <br />Counsel agrees to render, those services associated with general municipal law, <br />including, but not limited to, adult business ordinances under the First Amendment and <br />litigation related thereto (the "Services") in accordance with this Agreement's terms and <br />conditions. Tom Willis, a principal member of the firm of Special Counsel, shall be <br />responsible for the performance of the Services and shall supervise any Services <br />performed by other members of Special Counsel's firm. <br /> <br />2. Standard of Performance. While performing the Services, Special <br />Counsel will exercise the reasonable professional care and skill customarily exercised <br />by reputable members of the California State Bar practicing in the Metropolitan Northern <br />California Area, and will use reasonable diligence and best judgment while exercising its <br />professional skill and expertise. <br /> <br />3. Term. Unless earlier terminated, the term of this Agreement will <br />commence upon the date first above written and shall expire upon completion of <br />performance of Services hereunder by Special Counsel. <br /> <br />4. Time is of the Essence. Time is of the essence for each and every <br />provision of this Agreement. <br /> <br />5. Compensation. Special Counsel shall be compensated by City for the <br />performance of such Services at the following rates: Partner $300/hour; Associate <br />Attorneys $265/hour; Paralegal $125/hour. Notwithstanding the foregoing, the <br />combined total of compensation and costs or reimbursable expenses payable <br />hereunder shall not exceed the sum of sixty thousand dollars ($60,000) for the term of <br />Atty/Agr/2005.067 <br />083005 <br /> <br />1 <br />