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85-035 Whitmore, Kay & Stevens - Special CounselAGREEMENT BETWEEN THE CITY OF CUPERTINO AND WHITMORE, KAY & STEVENS This agreement, effective July 1, 1985, is entered into by and between WHITMORE, KAY & STEVENS, a partnership (hereafter referred to as SPECIAL COUNSEL), and the CITY OF CUPERTINO (hereafter referred to as CITY) WITNESSETH: WHEREAS, CITY has need for specialized legal services; and WHEREAS, SPECIAL COUNSEL has the training, experience and competence to perform the specialized legal services required by CITY; and WHEREAS, CITY has authority under state law to employ SPECIAL COUNSEL the parties to this agreement do hereby mutually agree as follows: I DUTIES OF SPECIAL COUNSEL 1. SPECIAL COUNSEL shall provide legal services as requested by CITY, including representation in administrative hearings, arbitrations and court proceedings as designated by the City's Manager. 2. SPECIAL COUNSEL, in carrying out the terms and con- ditions of this agreement, is an independent contractor and is not an employee of the CITY. II DUTIES OF CITY CITY shall cooperate with SPECIAL COUNSEL in the performance of this agreement. III CONSIDERATION 1. In consideration of the services rendered by SPECIAL COUNSEL as herein specified, CITY agrees to pay, and SPECIAL COUNSEL agrees to accept in full payment therefore, compensation at the following rates: Partner - $115 per hour Associate - $60 to $105 per hour Law Clerk - $40 per hour Paralegal - $40 per hour 2. SPECIAL COUNSEL shall be entitled to compensation for travel time at the rates set forth above. SPECIAL COUNSEL shall also be entitled to reimbursement for necessary and actual travel and incidental expenses and costs, such as photocopies, incurred in the performance of this agreement. VI TERM The termof this agreement shall be from July 1, 1985 through December 31, 1985. WHITMORE, KAY & STEVENS a Partnership By Dated : 11 (,,-!G CITY OF CUP.ERTINO BC "al Dated: (S -s' -8s