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08-004 Public Mgmt. Advisors, Meyers Neve i'ublic Management Advisors LLC January 2, 2008 Mr. Dave Knapp Office of the City Manager City of Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014 RE: Engagement Letter Dear Dave: I hope that you had a wonderful holiday and happy New Year. As we discussed, I am providing an engagement letter on behalf of Public Management Advisors LLC (PMA), the consulting arm of Meyers Nave established to provide management consulting services to clients on a wide range of maters involving public agencies. We are pleased you have chosen to engage our services for consulting advice, and we look forward to serving you. This letter will describe the terms of our engagement with your firm. Scope of Engagement. As generally described in our August 14, 2007 response to your request for proposal, we wi[I provide the City with a review and analysis of the operations of the City Attorneys Office in light of the impending retirement of the City's long term City Attorney. We will provide a report and recommendations to the City Council to provide guidance in its decision making to recruit and fill the position or entertain other options for the delivery of legal service to the City. Within our firm, I wilt be respohsible for this engagement, and my direct dial telephone number is 510.808.2032. I am immediately available to commence this assignment. We discussed the possibility of having a report or draft report completed in time for consideration by the Council in conjunction with its budget deliberations. If that is still a goal, we can develop a schedule around that deadline. Fees, Disbursements, and Travel Costs Our fees are based on the amount of time spent by us on behalf of your firm. My biding rate is $275 per hour. To conduct this project, I would expect that the total fees would not exceed the $5,000 cap that we indicated in our proposal. This includes interviews with the City Attorney and appropriate City officials and staff, review of relevant city and city attorney operational documents and budgets, drafting of a preliminary issues memorandum, discussion thereof at a meeting with relevant parties and preparation and presenta#ion of a final report. In addition to fees, you agree to reimburse us for disbursements incurred an your behalf or as necessary to perform this assignment. We da not attempt to make a profit on our disbursement charges, but merely try to recover our direct costs. To simplify the accounting for both you and us on such charges, we will add a 555 12th Street, Suite 1500 ~ Oakland, CaEifarnia 94607 ~ tel 800.714.7427 ~ fax 510.444.1106 ~ www.puhlicadvisors.com Mr. Dave Knapp Cupertino CrryManager January 2, 2008 Page 2 "Disbursement Charge" to each invoice equal to 3% three percent} of fees billed, which is intended to cover all routine disbursement costs such as photocopying, fax, telephone, courier and overnight delivery. In rare circumstances in which extraordinary disbursement expenses will be incurred that would significantly exceed our Disbursement Charge, we will discuss such charges with you in advance to determine the most economical means of handling the expense. Finally, in addition to the fees and Disbursement Charge, you agree to reimburse us for all actual third party out of pocket expenses (e.g., parking, meals, lodging, etc.}. [n connection with this project, I anticipate that these expenses will be minimal, if any. Billin We will send monthly statements which are due within 30 days of receipt. if you have any questions about an invoice, please promptly telephone or write me so that we may discuss these matters. We would request that you review this letter carefully and, if if is consistent with your understanding of our respective responsibilities, please so indicate by returning a signed copy of this letter to me at your earliest convenience. Enclosed is an additional copy of this fetter which you should retain for your records. I Eook forward to working with you. ince [y, ' J e .Williams anaging Principal c: Billing Department These terms are accepted and agreed to as of the date of this letter. Dated: rule s , 2008 By: Dave Knapp, City Man ger City of Cupertino ] 045215_1.DOC