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<br />85. <br /> <br />AGREEMENT FOR PROFESSIONAL SERVICES <br /> <br />This Agreement is entered into by and between the City of San Marcos, Texas, a <br />municipal corporation (the "City"), and Mario R. Gutierrez, an attorney duly licensed to <br />practice law in the State of Texas and a member in good standing with the State Bar of <br />Texas (the "Attorney"). <br /> <br />In consideration of the mutual promises and covenants expressed herein, the City <br />and the Attorney agree as follows: <br /> <br />1. The Attorney shall diligently and competently represent the City as prosecutor for <br />the State and perform all legal services incident to the prosecution of Class C <br />misdemeanors and City Code violations in the San Marcos Municipal Court and appeals <br />therefrom to the County Courts-at-Law, Hays County, Texas. In connection with these <br />prosecutions, the Attorney shall investigate allegations of misdemeanor and ordinance <br />violations, prepare or review written complaints of offenses, and prosecute the complaints <br />in the City's Municipal Court. In performing these duties, the Attorney shall cooperate fully <br />with the Municipal Court Judges and Municipal Court Clerk. It shall not be the duty of the <br />Attorney to convict but to see that justice is done. In general, the Attorney's services will <br />be performed according to the following schedule each week: <br />Monday 2:00 pm Plea Docket <br />3:00 pm Bench Trials <br />9:00 am Jury Trials <br />3:00 pm Juvenile Docket <br />4:00 pm Pre-Trial Hearings <br />2:00 pm Plea Docket <br />3:00 pm Bench Trials <br /> <br />Tuesday <br />Wednesday <br /> <br />Thursday <br /> <br />2. The Attorney shall commence the performance of the legal services described in <br />Paragraph 1, on Monday, October 18, 1999 and continue the services until this Agreement <br />is terminated by either party in accordance with Paragraph 6. <br /> <br />3. The City shall compensate the Attorney for services performed at a rate of $75.00 <br />per hour. Compensation will not be paid for travel time. Payments will be made within 20 <br />days after receipt of the Attorney's invoices. The Attorney's invoices will include a brief <br />description of the services and the amount of time spent for each date on which services <br />