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Mr. Schroed%r <br />Page 6 <br />July 20, 19~4 <br /> <br />Randall, Dehn & Goodrich <br /> <br />5 o <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 />~llect, fees for prosecution services rendered in 1995 <br />1D excess of $42,000.00; in 1996 in excess of $46,200.00; <br />ih 1997 in excess of $49,500.00. However, in the event <br />t~at the total fees paid for prosecution services <br />r~ndered in any of the above calendar years shall exceed <br />the amount agreed to, then in that event, fees in excess <br />o~ 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 />p~osecution fee maximums are in anticipation by the Firm <br />o~ 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 />o~ disbursement which it incurs in connection with <br />p~oviding any of the services described in this letter. <br />Reimbursable disbursements shall not include charges for <br />s~cretarial word processing services, photocopying or <br />a~y other expense customarily allocated to the overhead <br />e~pense of the Firm. Billings by the Firm to the City <br />f~r prosecution legal services costs and disbursements <br />s~all be made monthly or at such frequency as directed <br />by the City's finance officer. The billing statement <br />s~all be in sufficient detail to adequately inform the <br />C~ty concerning the tasks performed, the attorney <br />pgrforming them, the time spent on such task, and the <br />s9ecific nature and extent of costs and disbursements. <br /> <br />I~ is the intention of the Firm and the City that the <br />term "primary prosecutor" as used herein means and refers <br />t~ Thomas M. Fitzpatrick who will perform, supervise and <br />b~ responsible for the City for the prosecution services <br />h~rein agreed upon. <br /> <br />The Firm agrees that it will not undertake the represent- <br />a~ion of any person or other entity during its appoint- <br />m~nt as City Prosecutor in instances where such repre- <br />sentation may create a potential conflict of interest, <br />u~less: <br /> <br />The Firm reasonably believes the representation will <br />not adversely affect its relationship with the City; <br />and <br /> <br /> <br />