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Mr. Schroeder <br />Page 6 <br />December 16, 1991 <br /> <br />Randall, Dehn & Goodrich <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 1992 <br />in excess of $25,000.00; in 1993 in excess of $27,050.00; <br />in 1994 in excess of $29,250.00. 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 />5erm "primary prosecutor" as used herein means and refers <br />~o Thomas M. Fitzpatrick who will perform, supervise and <br />be responsible for 5he 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 /> I <br /> I <br /> ! <br /> <br />I <br />I <br />] <br />] <br />] <br />] <br /> <br />] <br />I <br />I <br /> <br />The Firm reasonably believes the representation will <br />not adversely affect its relationship with the City; <br />and <br /> <br /> <br />