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I <br /> I <br /> I <br /> I <br /> I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />Mr. Schroeder <br />Page 6 <br />July 20, 1994 <br /> <br />Randall, Dehn & Goodrich <br /> <br />$ <br /> <br />Notwithstanding the hourly rate described in Paragraph <br />4 above, the City shall not pay, and the Firm shall not <br />collect, fees for prosecution services rendered in 1995 <br />in excess of $42,000.00; in 1996 in excess of $46,200.00; <br />in 1997 in excess of $49,500.00. However, in the event <br />that the total fees paid for prosecution services <br />rendered in any of the above calendar years shall exceed <br />the amount agreed to, then in that event, fees in excess <br />of that amount shall not be owing. In the event, for any <br />reason, fees in excess of the amounts agreed are paid to <br />the Firm, the Firm agrees that it will promptly remit <br />such excess fees to the City. The increase in the annual <br />prosecution fee maximums are in anticipation by the Firm <br />of additional prosecution time demands, based upon a <br />growing City and expanding police department. <br /> <br />The Firm shall also be separately reimbursed for any cost <br />or disbursement which it incurs in connection with <br />providing any of the services described in this letter. <br />Reimbursable disbursements shall not include charges for <br />secretarial, word processing services, photocopying, or <br />any other expense customarily allocated to the overhead <br />expense of the Firm. Billings by the Firm to the City <br />for prosecution legal services~ costs and disbursements <br />shall be made monthly or at such frequency as directed <br />by the City's finance officer. The billing statement <br />shall be in sufficient detail to adequately inform the <br />city concerning the tasks performed, the attorney <br />performing them, the time spent on such task, and the <br />specific nature and extent of costs and disbursements. <br /> <br />It is the intention of the Firm and the City that the <br />term "primary prosecutor" as used herein means and refers <br />to Thomas M. Fitzpatrick who will perform, supervise and <br />be responsible for the City for the prosecution services <br />herein agreed upon. <br /> <br />The Firm agrees that it will not undertake the represent- <br />ation of any person or other entity during its appoint- <br />ment as City Prosecutor in. instances where such repre- <br />sentation may create a potential conflict of interest, <br />unless: <br /> <br />The Firm reasonably believes the representation will <br />not adversely affect its relationship with the City; <br />and <br /> <br /> <br />