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<br />ORIGINAL <br /> <br />LEGAL SERVICES AGREEMENT <br /> <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 />Drive, 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 /> <br />This agreement is required by Business and Professions Code Section 6148 and is <br />intended to fulfill the requirements of that section. <br /> <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 copy of which <br />is attached hereto as Attachment "A". <br /> <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 Paragraph 2 ofthis agreement (and as more specifically described in Section 3(B) of the MMC <br />Agreement). and any activity related to litigation. If CITY wishes that LAW FIRM provide any <br />legal services not to be provided under this agreement, a separate written agreement between <br />LA W FIRM and CITY will be required. <br /> <br />4. RESPONSIBILITIES OF LAW FIRM AND CITY. LA W FIRM will perform the <br />legal, tax preservation and protective services called for under this agreement and respond <br />promptly to CITY's inquiries and communications. CITY will be truthful and cooperative with <br />LA W FIRM and timely make any payments required by this agreement. <br /> <br />5. ATTORNEY CLIENT RELATIONSHIP WITH CITY ONLY. It is acknowledged <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 /> <br />6. A TTORNEY'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 />revenues 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 />UUT revenues received by the CITY for the prior fiscal year, or ii) five thousand dollars <br /> <br />Agmt-411 1 <br />F :/SharedIRedwoodlC cunei! <br />10/12/00 <br />