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Honorable Mayor Daniel Dietch and Commission Members c/o Guillermo Olmedillo, Town Manager July 12, 2017 Page 2 include non-recurring unanticipated major projects (e.g., rewrite of an development regulations, general obligation bond issue) not already identified in the Town's current 2016-17 Fiscal Year adopted Budget and arising subsequent to the date of this letter. 2. Fees for Services. The Firm will provide general municipal services to the Town at a fixed or flat fee of $28,750 per month or $345,000 annually. The fixed or flat fee does not include Excluded Services which may be performed by our Firm and billed on an hourly basis, at an hourly rate of $250 for partners and of counsel senior attorneys, $215 per hour fox associates and $115 per hour for paralegals, or flat rates to be mutually agreed upon as an excluded matter may arise. The flat or fixed fee includes all telephone calls, emails, teleconferences and video conferences with individual Town Commissioners, the Town Manager, and administrative staff. The Town will not be charged for travel expenses to and from the Town, or any travel -related expenses to and from Town (e.g. tolIs, mileage) for providing legal services included in the scope of work or Excluded Services. Beginning with the one year anniversary of this retainer agreement, the flat or fixed fee, and hourly rates for Excluded Services, will be adjusted by up to a 3% increase annually. The Town will receive a one-time credit of $6,000 towards the first month's bill in order to absorb the costs of the Town's existing assistant to the Town Attorney who will assist with the transition of legal services to the Firm. 3, Costs. In addition to the fixed or flat rate for attorneys' fees discussed above, the Firm will bill the Town for incidental actual out-of-pocket costs, such as delivery and courier charges for outside parties, computer and legal research expenses, court reporter expenses (including cost of transcripts and court reporter's fee for attendance), court costs (such as filing fees, service of process, newspaper and advertisement publication costs, subpoena costs, witness fees, recording fees, etc,), accounting and appraisal fees, expert fees, trial/hearing exhibits costs and investigation costs. 4. Payment of Fees and Costs. Our invoices will be submitted to you on a monthly basis and each invoice will be due and payable when rendered. You must understand that if any invoice remains unpaid for more than 30 days after it is rendered, we reserve the right, in our discretion, to cease to provide further legal services to the Town. You will, however, be liable to us for payment of any fees earned and any costs incurred by us to the date of termination. 5. Representation of Other Clients. We are bound by the rules of legal ethics not to represent any client if the representation of that client will be directly adverse to the interests of another client, unless each such client consents to such representation after consultation. Should such a situation arise, you will be immediately informed and a proposed manner to address the conflict will be provided by us. ��WEISS SEROTA HUT FMAN ATT'E COLEoSc5B1ERMANNE�w