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<br />74. <br /> <br />RETAINER AGREEMENT <br /> <br />THIS RETAINER AGREEMENT, made and entered into as of July _, <br />2004, by and between the CITY OF SAN MARCOS, TEXAS (the "City"), and Hawkins <br />Delafield & Wood LLP, a New York limited liability partnership (the "Firm"), <br /> <br />WITNESSETH: <br /> <br />WHEREAS, the City intends to negotiate a contract for the long-term <br />operation, maintenance and management of its water and wastewater treatment plants; <br />and <br /> <br />WHEREAS, the Firm has a national reputation for expertise in the field of <br />water and wastewater proj ect contract procurements and negotiations; and <br /> <br />WHEREAS, the City is authorized by law to employ attorneys and to fix <br />their compensation, and desires to retain the professional services of the Firm in <br />connection with the aforementioned project; and <br /> <br />WHEREAS, the Firm has determined to accept the retainer and provide to <br />the City the services described herein; <br /> <br />NOW, THEREFORE, in consideration of the mutual covenants and <br />agreements contained herein, the parties agree as follows: <br /> <br />Section 1. Retainer. The City hereby retains the Firm to render legal <br />advice and assistance to the City in the development, negotiation and implementation of <br />its water and wastewater operation, maintenance and management contract(s) <br />procurement on the terms and conditions set forth herein. The Firm hereby accepts the <br />City's retainer and agrees to provide such advice and assistance. <br /> <br />Section 2. Scope of Services. (A) Services Which May be <br />Requested. The Firm shall provide all legal services requested by the City in the <br />preparation and negotiation of its water and wastewater plants operation, maintenance <br />and management contract(s). These services may include the following: <br /> <br />(1) review of procurement documents issued by the City, submitted <br />proposals and other pertinent documentation and information; <br /> <br />(2) initial meeting with key City staff members to discuss objectives <br />and strategies and approach to achieve such objectives; <br /> <br />(3) identification of contract/risk issues and advice with regard thereto, <br />with objective of reaching internal resolution on contract risk allocation and terms; <br /> <br />(4) preparation of draft contract reflecting business terms included in <br />RFP and internal decisions regarding risk allocation; <br /> <br />315305.2001092 AGMT <br />