01-30-08 Council Agenda - Laserfiche WebLink

Home Browse Search

January 24, 2008 Little Canada Engagement Letter Page 5 of 6 submitted for reimbursement with each month's billing statement without markup. (c) Kelly & Fawcett, P.A. agrees to keep its billing rates stable for the next 2 years following the execution of this agreement (calendar years 2008 and 2009). Following the initial two -year period, Little Canada agrees to three percent (3 %) increases in the hourly rates billed by Kelly & Fawcett, P.A., to be effective on January 1 of each adjusted year. Kelly & Fawcett, P.A. agrees not to seek an adjustment in its billing rates for any year of this contract unless it is charging other comparable municipalities rates equal to or greater than the rate paid by Little Canada under this agreement. At the time of drafting this agreement, Kelly & Fawcett, P.A. agrees that its contract with White Bear Township is a comparable contract by which the firm's eligibility for programmed increases can be measured. Should either party determine that a "major change" in the terms and conditions of this agreement has occurred (e.g. significant increase in criminal caseload, rise in costs beyond inflation), the parties agree to meet to discuss re- negotiation of the agreement. The party desiring re- negotiation shall notify the other party of the "major change" it believes has occurred, and of its desire to re- negotiate, in writing. The parties will then seek to meet and confer within 30 days of the notice. If a new agreement is not reached in that time, the party which originally gave notice may submit the matter to an arbitrator for binding arbitration. Both parties agree to participate in the selection of an arbitrator if arbitration under this paragraph is requested. (d) Any question or dispute relative to said billing statements must be tendered in writing by Little Canada to the billing department of Kelly & Fawcett, P.A. within thirty (30) days of receipt of said billing statement. Any written objection must specify the dollar amount of the suspected error and a description/explanation of why an error is suspected. Failure to object in writing within thirty (30) days shall constitute a waiver of any objection to that billing statement. Little Canada further understands and acknowledges that Kelly & Fawcett, P.A. is under no obligation to amend or modify said billing statements except upon timely written objections from Little Canada or as provided under the Minnesota Rules of Professional Conduct. The parties agree that any unresolved dispute relative to said billing statements shall be tendered to the Ramsey County Fee Arbitration Committee. Said arbitration of fee dispute shall constitute binding arbitration upon both parties. 3. Termination, Prior to the expiration of this agreement's stated term in January, 2013, the parties may terminate this agreement by mutual written consent. Should the parties require arbitration of a dispute, either for a billing dispute or regarding a "major change," either party may request that the arbitrator grant termination of the agreement as part of the arbitration award. 5