Res 2023-059/approving the selection of Attorney Bradford E. Bullock of Messer Fort & McDonald PLLC, as

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March 16,2023 Page 2 The City of San Marcos acknowledges and agrees that MFM's entitlement to payment for fees and expenses shall not be contingent upon the results obtained or the final disposition of the services for which MFM has been retained. 6. Records: The City of San Marcos should retain all originals and copies of documents the City of San Marcos desires for future reference. MFM will retain most of its file(s) for a certain period of time, but ultimately the file will be destroyed in accordance with our record retention schedule. MFM does not contact the client prior to such destruction. The City of San Marcos recognizes that working papers shall be assembled and accumulated by MFM in connection with this representation, and that same shall belong to and remain the property of MFM. 7. Litigation Matters: MFM will represent the City of San Marcos with respect to matters assigned under City of San Marcos, and the City's officers, employees or agents in a lawsuit upon the request of the City of San Marcos. Likewise, we will initiate litigation only at the request of the City of San Marcos as directed. 8. Fees: MFM shall bill the City of San Marcos monthly for services rendered and expenses incurred, in the manner agreed to herein, until such time as this Agreement has expired by its own terms or has been terminated.MFM shall separate invoices as requested by the City of San Marcos.Attorney's fees are based upon a consideration of time and labor involved, the skill requisite to perform the services properly, the preclusion of other employment by MFM due to acceptance of the matters identified herein, time limitations imposed by the City of San Marcos or other circumstances, results achieved, experience, reputation and ability, extraordinary time requirements, and MFM's hourly rates. The Finn will bill the City of San Marcos at the following rates: Litigation Partners $260 Associate Attorney $225 Paralegal Support $135 Time for legal work and travel is billed in tenth of an hour increments, as follows: .1 = 6 minutes .5 = 30 minutes .9 = 54 minutes .2 = 12 minutes .6 = 36 minutes 1.0 = 60 minutes .3 = 18 minutes .7 =42 minutes .4=24 minutes .8 =48 minutes Opinion letters for bonds are a flat fee paid from the bond proceeds, if requested. Market rates (non- governmental) will be charged when the City of San Marcos is being reimbursed for legal expenses, such as by a developer or a debt issuance, if applicable. The City of San Marcosunderstands that the costs of services can be estimated in advance on a per case basis,but no particular amount is guaranteed as the amount of time necessary to spend on a legal matter can be influenced by the actions of third parties.The City of San Marcos further understands that MFM hourly rates may be modestly increased on an annual basis, but that any annual increase shall be no more than ten percent of the current rate. 9. Billing Practices and Payment: MFM bills for matters on a monthly basis, and payment is due upon receipt of the statement. We do not bill for expenses associated with our representation except for