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Agreement. City Attorney shall also, in accordance with City's rules and regulations, have <br />authority to hire staff in the Office of the City Attorney. <br />5. COMPENSATION <br />A. Compensation shall be as set forth in Exhibit A. <br />B. Payment of Compensation shall be as set forth in Exhibit B. <br />6. BOND OR FINANCIAL SERVICES <br />Notwithstanding the foregoing, (i) in the event City Council requests that BB &K serve <br />separately as Bond Counsel for the issuance of City bonds, the compensation provisions set forth <br />in Exhibit A -1 shall apply. where legal services are subject to cost recovery from a third party, <br />such as a developer, the hourly rate for BB &K's legal services will be the applicable private <br />hourly rate of the respective BB &K attorney, with or without a discount as negotiated at the time <br />the new matter is approved. <br />7. COSTS AND OTHER CHARGES <br />BB &K may incur various costs and expenses in rendering the legal services required by <br />this Agreement which, if customary and necessary for the performance of legal services <br />hereunder, with the prior approval of the City Council shall be reimbursable by City. These costs <br />and expenses are described in more detail in Exhibit A. All clerical services, ordinary travel <br />costs (e.g., from the BB &K office to court or City Hall), and miscellaneous expenses (e.g., <br />telephone and facsimile charges) are included within the rates set forth above, and there shall be <br />no additional charges for such expenses when BB &K is providing General City Attorney <br />services, pursuant to section 2(A), above. When BB &K is providing Special Legal Services or <br />Additional Specialized Legal Services, pursuant to sections (B) or (C), above, City agrees to <br />reimburse BB &K for travel or parking and expenses such as experts' or consultant fees, or <br />litigation expenses such as court reporters, which shall be passed through to the City at the actual <br />costs thereof. Reimbursable costs shall not include any overhead or administrative charge by <br />BB &K or BB &K's cost of equipment or supplies except as provided herein. Any item of <br />expense must be explained in writing and approved by the City Manager or Council in advance. <br />The City will not reimburse BB &K for costs for which no backup materials are provided. <br />City Attorney may determine it necessary or appropriate to use one or more investigators, <br />consultants, or experts in rendering the legal services required (particularly if a matter goes into <br />litigation). City will be responsible for paying such fees and charges. City Attorney will not, <br />however, retain the services of any investigators, consultants, or experts without the prior written <br />approval of the City Manager. City Attorney will select any investigators, consultants, or experts <br />to be hired only after approval of City Manager. <br />Extraordinary travel expenses, including transportation, meals, and lodging, when <br />incurred on behalf of the City shall be reimbursed by City only with the prior written approval of <br />City Manager. <br />55394.00000 \9187497.1 <br />me <br />25E -12 <br />