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Agreement for Legal Services <br /> between Elk River Municipal Utilities and <br /> Peter K. Beck Attorney at Law PLLC <br /> THIS AGREEMENT, effective January 1, 2013, by and between the ELK RIVER <br /> MUNICIPAL UTILITIES ("ERMU") and PETER K. BECK ATTORNEY AT LAW PLLC, <br /> a Minnesota Professional Limited Liability Company ("Attorney"). <br /> WHEREAS, Peter Beck has served as attorney for ERMU for five years, during which <br /> time legal services have been provided to ERMU through a retainer arrangement with larger <br /> projects billed on an hourly basis; and <br /> WHEREAS, ERMU and Attorney desire to enter into an agreement which carries <br /> forward the prior retainer/hourly project arrangement, including past practices with respect to the <br /> arrangement. <br /> NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties <br /> hereto agree as follows: <br /> 1. ACCEPTANCE OF PROPOSAL. <br /> A. The Attorney shall furnish and perform general civil municipal legal <br /> services for ERMU and shall be responsible for coordinating the delivery of legal services to <br /> ERMU by Attorney and other law firms engaged by ERMU to provide specialized expertise <br /> including Gray Plant Mooty, Campbell Knutson PA and other firms or lawyers approved by <br /> ERMU. <br /> B. The Attorney shall be engaged as an independent contractor and not as an <br /> ERMU employee. The Attorney is free to contract with other entities. <br /> 2. TERM. The Attorney shall serve at the pleasure of ERMU and may be <br /> terminated without cause by ERMU at any time. The Attorney may terminate the Agreement at <br /> any time, provided that the Attorney shall give ERMU thirty (30) days' written notice before the <br /> termination becomes effective. <br /> 3. FEES AND PAYMENT. <br /> A. Retainer. Attorney will provide ERMU with general day-to-day legal <br /> services for a retainer fee of $1,000 per month. Services included in the retainer include <br /> responding to questions and providing advice to ERMU officials and staff, and meeting with <br /> ERMU officials and staff as necessary, to meet the day-to-day legal needs of ERMU. <br /> Attendance at ERMU board meetings is included in the retainer, except for attendance at special <br /> meetings in connection with an Hourly Project as described below. <br /> B. Hourly Projects. In addition to routine legal services provided under the <br /> retainer, Attorney shall open separate files for matters which go beyond the scope of the retainer. <br /> These files will be billed on an hourly basis at the rate of $155 per hour. Examples of hourly <br />